Ashley v. State
Court of Appeals of Georgia
Accusation of misdemeanor; from city court of Eastman--Judge Griffin. March 2, 1918. The accusation charged that on November 25, 1916, in Dodge county, Mack Ashley fraudulently contracted with J. J. Cadwell to perform for him services as a share-cropper on halves on a certain two-horse farm on lot of land No. 176 in the 13th district of that county, being the same farm on which said Ashley lived during the year 1916/it being contracted between them that the said Cadwell as…
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Accusation of misdemeanor; from city court of Eastman--Judge Griffin. March 2, 1918. The accusation charged that on November 25, 1916, in Dodge county, Mack Ashley fraudulently contracted with J. J. Cadwell to perform for him services as a share-cropper on halves on a certain two-horse farm on lot of land No. 176 in the 13th district of that county, being the same farm on which said Ashley lived during the year 1916/it being contracted between them that the said Cadwell as landlord would furnish the mules, farming tools, and a half of the fertilizers and all necessary provisions for the use…
1Opinion of the CourtBroyles, P. J.
1. Tlie court did not err in overruling the demurrer to the accusation. .
2. In a prosecution for violation of the “labor-contract act” of 1903 (Penal Code; § 715), the burden of proving that the accused did not have good cause for his failure to carry out his contract is upon the-State; and in the instant case this burden was not carried by the testimony of the hirer that the accused “had no good and sufficient reason” for not performing the services agreed upon, or for not returning the articles of value advanced by the hirer upon the strength of the contract. This statement amounted to a…
2Cases cited1 opinion
- Simmons v. StateCourt of Appeals of Georgia · 1916
3Cited by2 opinions
- Banton v. StateCourt of Appeals of Georgia · 1938
- Crayton v. StateCourt of Appeals of Georgia · 1921