Legal Opinion

State v. Thomas

Supreme Court of Alabama

Decided February 8, 1906PublishedCited by 18 opinions

Appeal from Montgomery City Court. Heard before Hon. W. H. Ti-iomas. The indictment charged that Jim Thomas, with intent to injure or defraud his employee, T. L. McCullough, entered into a contract in wilting for the performance of service as a farm laborer, and thereby obtained the sum of seven dollars from- said T. L. McCullough, and with li like intent and without just cause, and without refunding said money refused to perform said services as a farm laborer, etc.

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Appeal from Montgomery City Court. Heard before Hon. W. H. Ti-iomas. The indictment charged that Jim Thomas, with intent to injure or defraud his employee, T. L. McCullough, entered into a contract in wilting for the performance of service as a farm laborer, and thereby obtained the sum of seven dollars from- said T. L. McCullough, and with li like intent and without just cause, and without refunding said money refused to perform said services as a farm laborer, etc. The evidence tendered to show that Jim Thomas received the sum of seven dollars,, and without repaying it quit the service of…

1Opinion of the CourtHaralson, J.

Section 4730 of the Criminal Code provides, that “Any person, who with intent to injure or defraud his employer, enters into a contract in writing for the performance of any act or service, and thereby obtains money or other personal property from such employer, and, with like intent, and without just cause, and without refunding such money, or paying for such property, refuses to perform such act or service, muse, on conviction, be punished as if he had stolen it.” This section has been amended by adding at- the end of it, the following provision, “And the refusal or failure of any person,…

2Cases cited2 opinions

  1. Meadowcroft v. PeopleIllinois Supreme Court · 1896
  2. State v. BeachIndiana Supreme Court · 1897

3Cited by18 opinions

  1. State v. KellySupreme Court of Minnesota · 1944
  2. In re AllenSupreme Court of Vermont · 1909
  3. State v. PotelloUtah Supreme Court · 1911
  4. Griffin v. StateSupreme Court of Georgia · 1914
  5. Brannan v. HenrySupreme Court of Alabama · 1912

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