Legal Opinion

Millinder v. State

Supreme Court of Georgia

Decided December 21, 1905PublishedCited by 5 opinions

Accusation of misdemeanor. Before Judge Eaines. City court of Dawson. October 28, 1905. Aaron Millinder was convicted on an accusation charging him with cheating and swindling, under the act of 1903 (Acts 1903, p. 90). There was a demurrer to the accusation, on the ground that the time in which the labor contracted for was to.be performed had not expired at the date of the accusation, and that the time in which the money procured by reason of the contract might be repaid, as…

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Accusation of misdemeanor. Before Judge Eaines. City court of Dawson. October 28, 1905. Aaron Millinder was convicted on an accusation charging him with cheating and swindling, under the act of 1903 (Acts 1903, p. 90). There was a demurrer to the accusation, on the ground that the time in which the labor contracted for was to.be performed had not expired at the date of the accusation, and that the time in which the money procured by reason of the contract might be repaid, as provided in the act, had not expired. This demurrer was overruled. After conviction, a motion for a new trial upon the…

1Opinion of the Court

Cobb,'P. J.

There was no merit in the demurrer to the accusation. , The offense with which the defendant was charged was the procurement of money and other things of value by entering into a contract to perform labor as a cropper, which he had no intention to perform. The act provides that satisfactory proof of-the contract, the procuring of money, the failure to perform the services so contracted for, or failure to return the money so advanced, with interest thereon, at the time said labor was to be performed, etc., shall *453be deemed presumptive evidence of the intent to defraud. The failure to…

2Cited by5 opinions

  1. Stratacos v. StateSupreme Court of Georgia · 2013
  2. Mobley v. StateCourt of Appeals of Georgia · 1913
  3. Abrams v. StateSupreme Court of Georgia · 1906
  4. Baker v. StateCourt of Appeals of Georgia · 1907
  5. Braughner v. StateSupreme Court of Georgia · 1906

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