Simmons v. State

Russell, O. J.

1. Intent to defraud is the paramount, controlling, and ever-essential element which determines the guilt of one accused of a violation of the “labor-contract law” as embodied in sections 715 and 716 of the Penal Code. It is the duty of 'the court, even in the absence of a written request, to instruct the jury that in order to authorize the conviction of 'one accused of a violation of this act, the intention to cheat and swindle the prosecutor must have existed on the part of the defendant at the time the money was advanced. Failure so to charge *66the jury is reversible error.…