Thomas v. State
Alabama Court of Appeals
Violating Written Contract. Appeal from Pike Law Court. Heard before Hon. T. L. Boru'm. James Thomas was convicted of entering into a written contract for the performance of service, with intent to defraud his employer, and he appeals.
1DissentThomas, J.
(Dissenting.) — The statute under which defendant was convicted provides that: “Any person who, with intent to defraud his employer, enters into a contract in writing for the performance of an act or service and with like intent obtains from such employer money or other personal property shall be guilty of a misdemeanor,” etc. — Acts 1911, p. 93.
One of the essential elements of the crime is, as seen a binding written contract for the performance of the act or service; -for without such a contract there can be no crime under the statute quoted, however fraudulent be the intent.—McIntosh’s…
2Cases cited8 opinions
- Ex parte RileySupreme Court of Alabama · 1891
- McIntosh v. StateSupreme Court of Alabama · 1897
- Jones v. StateCourt of Criminal Appeals of Texas · 1892
- Doran v. SmithSupreme Court of Vermont · 1877
- Langham v. StateSupreme Court of Alabama · 1876
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