Harris v. State
Supreme Court of Alabama
Appeal from Macon County Court. Heard before Hon. M. B. Abercrombie. Anderson Harris was convicted of a violation of Acts 1903, p. 345, in amendment of Code 1896, § 4730, making punishable a person who, with intent to defraud his employer, enters into a contract for the performance of any act or service, and thereby obtains money or other personal property from him, and he appeals.
1ConcurrenceMcCLELLAN, J.
(concurring.) It appears, and that without conflict, “that just previous to entering into the trial of this case, and on the day of the trial, the defendant had tendered him (Whatley) $3 in payment of that which he had let him (defendant) have at the time of the execution of the contract,” and that Whatley had refused the tender. I think this action on the part of the defendant could only be taken as an *160effect to purge himself of the offense by refunding the money. The statute (section 4730) grew out of the act approved February 17, 1885 (Acts 1884-85, p. 142), whereby an essential element of…
2Cases cited1 opinion
- State v. VannSupreme Court of Alabama · 1907