Georgia Court of Appeals, 1916

Ferguson v. State

Ferguson v. State
Georgia Court of Appeals · Decided October 24, 1916 · Beo
18 Ga. App. 730; 90 S.E. 371; 1916 Ga. App. LEXIS 1225

Ferguson v. State

Opinion of the Court

Beo-zi.es, J.

The defendant was convicted of a violation of the “labor-contract act” (Acts 1903, p. 90; Park’s Penal Code, §§ 715, 716). In order to sustain the constitutionality of this act, our Supreme Court has considered it necessary to give to the act a very strict construction. This construction has of course been followed by this court, in reviewing cases based upon alleged violations of this act. Under such a strict construction it has been (as is shown by the large number of such cases in which there have been reversals by the Supreme Court and this court) a very difficult matter for a reviewing court to sustain convictions secured under this act; and this case is no stronger than the average one. The evidenee adduced upon the trial was clearly insufficient to authorize the conviction of the accused.

Judgment reversed.

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