Legal Opinion

Abrams v. State

Supreme Court of Georgia

Decided November 8, 1906PublishedCited by 5 opinions

Indictment for misdemeanor. Before Judge Little. City court of Sparta. August 28, 1906. The accused was charged with a violation of the act approved August 15, 1903, “to make it illegal for any person to procure money,' or other thing of value, on a contract to perform services, with intent to defraud,” etc.

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Indictment for misdemeanor. Before Judge Little. City court of Sparta. August 28, 1906. The accused was charged with a violation of the act approved August 15, 1903, “to make it illegal for any person to procure money,' or other thing of value, on a contract to perform services, with intent to defraud,” etc. (Acts of 1903, p. 90.) The accusation alleged that the accused, after fraudulently entering into a contract with W. O. Garrett to perform for him services as a share cropper during the year 1906, intending at the time to defraud him by not rendering the services contracted for, did obtain…

1Opinion of the CourtEvans, J.

(After stating the facts.) Loss or damage to the hirer is an essential ingredient of the offense defined in the act of August 15, 1903. Millinder v. State, 124 Ga. 452. The accusation alleges that loss and damage occurred to the prosecutor in the sum of $90.14, which was made up of two items: $76.14 in money and $14 in provisions. The proof failed to sustain the charge that $76.14 in money was advanced to- the defendant; the prosecutor’s testimony disproves this charge; because if he had advanced the money to the defendant, the payment of it to the bank by the prosecutor would have been as…

2Cases cited2 opinions

  1. Millinder v. StateSupreme Court of Georgia · 1905
  2. Hirsch & Co. v. MeldrimSupreme Court of Georgia · 1906

3Cited by5 opinions

  1. Stratacos v. StateSupreme Court of Georgia · 2013
  2. Lewis v. StateCourt of Appeals of Georgia · 1914
  3. Holt v. StateCourt of Appeals of Georgia · 1987
  4. Mobley v. StateCourt of Appeals of Georgia · 1913
  5. Banton v. StateCourt of Appeals of Georgia · 1938

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