Allison v. State

(After stating the foregoing facts.) In construing the act upon which this indictment is based, the Supreme Court held, in Johnson v. State, 203 Ga. 147, 151 (45 S. E. 2d, 616) as follows: “The object of the act was to make penal the conversion of funds delivered for the purpose of applying to labor and material cost, with a provision that there would be a conversion when such funds were otherwise used while there remained any unpaid labor or material cost. . . The intent to defraud is an essential element of the crime, and the provision making the failure to pay for labor or material prima…