Williams v. State
Alabama Court of Appeals
Appeal from Pike Law Court. Heard before Hon. T. L. Borum Garfield Williams was convicted of a misdemeanor and entered into a convict contract with a surety wlio confessed judgment with kirn for the fine and cost, and was convicted of violating this convict contract, from which conviction he appeals.
Read the full summary
Appeal from Pike Law Court. Heard before Hon. T. L. Borum Garfield Williams was convicted of a misdemeanor and entered into a convict contract with a surety wlio confessed judgment with kirn for the fine and cost, and was convicted of violating this convict contract, from which conviction he appeals. Counsel discuss the assignments of error and conclude that defendant was entitled to the charges requested by him, and that the court erred in refusing them, but he cites no authority. The court properly refused the charges requested on the authority of .Giles v. The State, 89 Ala. 50.
1Opinion of the CourtWalker, P. J.
The appellant (the defendant below) was convicted of the offense provided for by section 6846 of the Code of failing or refusing without sufficient excuse to perform a contract with 'a surety who confessed judgment for the fine and costs assessed -against the principal on his conviction of a misdemeanor.
By the contract entered into in such an event, “the hirer becomes the transferee only of the right of the state to compel the satisfaction of such fine and costs, and nothing more, by exacting the involuntary servitude of the convict, who himself contracts to change masters for this…
2Cases cited2 opinions
- Smith v. StateSupreme Court of Alabama · 1886
- Simmons v. StateSupreme Court of Alabama · 1903