Legal Opinion

Fuller v. State

Court of Appeals of Georgia

Decided November 20, 1911No. 3703PublishedCited by 1 opinion

Accusation of cheating and swindling; from city court of Americus — Judge Hixon.

1Opinion of the CourtEussell, J.

The defendant was convicted of violating the “labor-contract act” of 1903 (Penal Code of 1910, §§ 716, 716). The court charged the jury, in effect, that if it was satisfactorily proved that the accused made the contract, and procured money or other thing af value thereon, and failed to perform the service contracted for, or to malee restitution, without good and sufficient cause, the burden of proof would then be shifted to the defendant to prove his innocence. This charge is contrary to the decision in Mulkey v. State, 1 Ga. App. 521 (57 S. E. 1022). This statute (§ 716) does say that the…

2Cases cited1 opinion

  1. Mulkey v. StateCourt of Appeals of Georgia · 1907

3Cited by1 opinion

  1. Smith v. StateCourt of Appeals of Georgia · 1913

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