Legal Opinion

Mobley v. State

Court of Appeals of Georgia

Decided March 16, 1908No. 1026PublishedCited by 5 opinions

Accusation of misdemeanor, from city court of Fitzgerald— Judge Jay. February 14, 1908. The accusation charged Davis Mobley with “the offense of misdemeanor, for that the said Davis Mobley, . . on the 7th day of September, 1907, . . did unlawfully, fraudulently, and with intent to cheat and defraud B. Y. Handley, contract with said B. V. Handley to work and labor for the said B. Y. Handley as a farm laborer, the said contract being as follows: that the said Davis Mobley…

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Accusation of misdemeanor, from city court of Fitzgerald— Judge Jay. February 14, 1908. The accusation charged Davis Mobley with “the offense of misdemeanor, for that the said Davis Mobley, . . on the 7th day of September, 1907, . . did unlawfully, fraudulently, and with intent to cheat and defraud B. Y. Handley, contract with said B. V. Handley to work and labor for the said B. Y. Handley as a farm laborer, the said contract being as follows: that the said Davis Mobley should pick cotton for the said B. Y. Handley at sixty-five cents per one hundred pounds, beginning the first of September,…

1Opinion of the CourtPowell, J.

The proposition stated in the headnote .is supported by the following decisions, and perhaps others: Mason v. Terrell, 3 Ga. App. 348 (60 S. E. 4); Glenn v. State, 123 Ga. 585 (51 S. E. 605); Johnson v. State, 125 Ga. 243 (3), (54 S. E. 184). Prom this it follows that the motion in arrest of judgment should have been sustained. If the fact be properly alleged, it may be shown inferentially or circumstantially, but it must be shown. Judgment reversed.

2Cases cited3 opinions

  1. Glenn v. StateSupreme Court of Georgia · 1905
  2. Johnson v. StateSupreme Court of Georgia · 1906
  3. Mason v. TerrellCourt of Appeals of Georgia · 1908

3Cited by5 opinions

  1. Durham v. StateCourt of Appeals of Georgia · 1916
  2. Bullard v. StateCourt of Appeals of Georgia · 1939
  3. Winters v. StateCourt of Appeals of Georgia · 1924
  4. Johnson v. StateCourt of Appeals of Georgia · 1910
  5. Long v. StateCourt of Appeals of Georgia · 1908

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