Burke v. State
Supreme Court of Alabama
From the Circuit Court of Barbour. Tried before the Hon. H. D. Clayton. The indictment in this case charged, in a single count, “that Monroe Burke did knowingly interfere with, hire, employ, entice away, or induce Lou Smith, a laborer or servant of Simeon H. Reese, who had contracted in writing to serve said Reese a given time, not exceeding one year, to leave the service of said Reese before the expiration of the time so contracted for, without the consent of said Reese,”…
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From the Circuit Court of Barbour. Tried before the Hon. H. D. Clayton. The indictment in this case charged, in a single count, “that Monroe Burke did knowingly interfere with, hire, employ, entice away, or induce Lou Smith, a laborer or servant of Simeon H. Reese, who had contracted in writing to serve said Reese a given time, not exceeding one year, to leave the service of said Reese before the expiration of the time so contracted for, without the consent of said Reese,” &c. On the trial, as the bill of exceptions shows, issue being joined on the plea of not guilty, “ the State proved that,…
1Opinion of the CourtSomeryille, J.
— The statute which provides that a “confession of .judgment is in law a release of errors” (Code, 1876, § 3945), has never been construed to have any application to cases strictly criminal. The context of the Code, as well as the reason upon which this particular statute is based, shows a legislative intention to confine it to cases other than such as are *401criminal. — McNeil v. The State, 71 Ala. 71; Murphree v. Whitley, 70 Ala. 554. It seems to be clearly contemplated by the statute, relating to the subject of penal imprisonment, and sentences to hard labor in default of payment or security…
2Cases cited5 opinions
- Burke v. StateSupreme Court of Alabama · 1882
- Edmonds v. StateSupreme Court of Alabama · 1881
- Wolf v. StateSupreme Court of Alabama · 1868
- McNeil v. StateSupreme Court of Alabama · 1881
- Murphree v. WhitleySupreme Court of Alabama · 1881
3Cited by2 opinions
- Albright v. StateCourt of Criminal Appeals of Alabama · 1973
- Harris v. StateAlabama Court of Appeals · 1923