Legal Opinion

McIntosh v. State

Supreme Court of Alabama

Decided November 15, 1897PublishedCited by 7 opinions

Appeal from the County Court of Wilcox. Tried before the Hon. James T. Beck. The prosecution in this case was commenced by the making of a complaint before, and the issuance of a warrant by, a justice of the peace against the appellant, Alexander McIntosh, charging that with the intent to injure or defraud his employer, he entered into a contract in writing, for the performance of services, and thereby obtained twenty dollars from such employer, and with like intent and…

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Appeal from the County Court of Wilcox. Tried before the Hon. James T. Beck. The prosecution in this case was commenced by the making of a complaint before, and the issuance of a warrant by, a justice of the peace against the appellant, Alexander McIntosh, charging that with the intent to injure or defraud his employer, he entered into a contract in writing, for the performance of services, and thereby obtained twenty dollars from such employer, and with like intent and without just cause, and without refunding such money, refused to perform such services, in violation of section 3812 of the…

1Opinion of the CourtBrickell, C. J.

The accusation against the defendant was founded on an alleged violation of the statute (Code of 1886, §3812; Code of 1896, §4730), directed against frauds practiced on employers by servants or employes, obtaining money or other personal •property from the employer, upon a contract in writing for the rendition of service. In Ex parte Riley, 94 Ala. 82, it was said by Walkeb, J., in exposition of .the statute : ‘ ‘The effect of this statute is to provide for the punishment criminally of a certain class of frauds which are perpetrated by means of promises not meant to be kept.” And further it…

2Cases cited3 opinions

  1. Fowler v. ArmourSupreme Court of Alabama · 1854
  2. Ex parte RileySupreme Court of Alabama · 1891
  3. Davis v. PrestonSupreme Court of Alabama · 1844

3Cited by7 opinions

  1. Bailey v. StateSupreme Court of Alabama · 1909
  2. Goolsby v. StateSupreme Court of Alabama · 1925
  3. Bailey v. StateSupreme Court of Alabama · 1908
  4. State v. VannSupreme Court of Alabama · 1907
  5. Hilliard v. StateSupreme Court of Alabama · 1902

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