State v. Vann
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before the Hon. G. K. Miller. Eskey Vann was indicted for obtaining money from his employer with intent to injure or defraud him by refusing to perform labor under a. contract to pay such amount in labor. From an order dismissing the indictment on demurrer, the state appeals.
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Appeal from Talladega City Court. Heard before the Hon. G. K. Miller. Eskey Vann was indicted for obtaining money from his employer with intent to injure or defraud him by refusing to perform labor under a. contract to pay such amount in labor. From an order dismissing the indictment on demurrer, the state appeals. The indictmeut in this case was in the following language (after the usual formalities) : “Eskey Vann, with intent to injure or defraud Ed Hodge, his employer, did enter into a contract in-writing with the said Ed Hodge for tbe performance of an act of service, to-wit, to work as a…
1Opinion of the CourtAnderson, J.
The only question presented by this appeal involves the constitutionality of section 4730 of the Code of 1896, as amended by Gen. Acts 1903, p. 345, which reads as follows: “Any person, who with intent to injure or defraud his employer, enters into a contract in writing for the performance of any act of 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 or fails to perform such act or service, must on conviction be punished as if he had stolen it.…
2Cases cited3 opinions
- State v. ThomasSupreme Court of Alabama · 1906
- Ex parte RileySupreme Court of Alabama · 1891
- McIntosh v. StateSupreme Court of Alabama · 1897
3Cited by5 opinions
- Bailey v. StateSupreme Court of Alabama · 1909
- Griggs v. StateAlabama Court of Appeals · 1954
- Bailey v. StateSupreme Court of Alabama · 1908
- Pierson v. StateSupreme Court of Alabama · 1909
- Harris v. StateSupreme Court of Alabama · 1908