Winslow v. State
Supreme Court of Alabama
Appear from Pike Criminal Court. Tried before Hon. "W. H. Parks. The defendant demurred to the affidavit, the foundation of the prosecution, and objected to the. introduction of the contract in evidence on these grounds:. 1. That it is insufficient as a contract to bind the defendant. 2. That it is conditional and does not bind the defendant for any. specified time. 3. That it stipulates no price per diem or per month as a payment to defendant.
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Appear from Pike Criminal Court. Tried before Hon. "W. H. Parks. The defendant demurred to the affidavit, the foundation of the prosecution, and objected to the. introduction of the contract in evidence on these grounds:. 1. That it is insufficient as a contract to bind the defendant. 2. That it is conditional and does not bind the defendant for any. specified time. 3. That it stipulates no price per diem or per month as a payment to defendant. The defendant also asked the general affirmative charge in his favor. cited Ex parte Davis, 95 Ala. 9; Wynn v. State, 82 Ala. 55; Smith v. State Jb.…
1Opinion of the CourtHead, J.
— 'Section 3832 of the Code of 1886 provides that “ any defendant, on whom a fine is imposed on a conviction for a misdemeanor, who in open court signs a written contract, approved in writing by the judge of the court in •which the conviction is had, whereby in consideration of another becoming his surety on a confession of judgment for the fine and costs, agrees to do any act, or perform any service for such person, and who after being released on such confession of judgment, fails and refuses, without sufficient excuse, to be determined by the jury, to do the act or perform the service,…
2Cases cited2 opinions
- Ex parte DavisSupreme Court of Alabama · 1891
- Smith v. StateSupreme Court of Alabama · 1886
3Cited by6 opinions
- Yeager v. StateCourt of Criminal Appeals of Alabama · 1986
- Holloway v. StateAlabama Court of Appeals · 1922
- Cowan v. StateAlabama Court of Appeals · 1916
- Simmons v. StateSupreme Court of Alabama · 1903
- United States v. BroughtonDistrict Court, S.D. Alabama · 1914
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