Alford v. State
Court of Appeals of Georgia
Accusation of cheating and swindling; from city court of Lees-burg— Judge Martin. November 10, 1920. Nig Alford was convicted upon an accusation which charged, that under an oral contract to work for J. E. Matthews as a farm hand, he procured $1 from Matthews with intent not to perform the services contracted for, and that without good and sufficient cause he failed and refused to perform the services or return the money.
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Accusation of cheating and swindling; from city court of Lees-burg— Judge Martin. November 10, 1920. Nig Alford was convicted upon an accusation which charged, that under an oral contract to work for J. E. Matthews as a farm hand, he procured $1 from Matthews with intent not to perform the services contracted for, and that without good and sufficient cause he failed and refused to perform the services or return the money. The case came to this court on exceptions to the overruling of a motion for a new trial, in which he alleged that the verdict was contrary to law and the evidence. The only…
1Opinion of the CourtBroyles, C. J.
In a prosecution under sections 715, 716 of the Renal Code of 1910 (known as the “labor-contract act”), the burden is upon the State to show affirmatively that the accused failed to perform the services contracted for, or failed to return the money advanced on the strength of the contract, “ without good and sufficient cause.” Allen v. State, 22 Ga. App. 274 (95 S. E. 872),' and authorities cited. Under this ruling the State in the instant case did not carry this burden, and the court erred in overruling the defendant’s motion for a new trial.
Judgment reversed.
Luke and Bloodworth, JJ.,…
2Cases cited1 opinion
- Allen v. StateCourt of Appeals of Georgia · 1918
3Cited by1 opinion
- Solomon v. StateCourt of Appeals of Georgia · 1922