Legal Opinion · Dissent

Thomas v. State

Alabama Court of Appeals

Decided June 30, 1915Published

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

  1. Ex parte RileySupreme Court of Alabama · 1891
  2. McIntosh v. StateSupreme Court of Alabama · 1897
  3. Jones v. StateCourt of Criminal Appeals of Texas · 1892
  4. Doran v. SmithSupreme Court of Vermont · 1877
  5. Langham v. StateSupreme Court of Alabama · 1876

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