Georgia Court of Appeals, 1921

Smith v. State

Smith v. State
Georgia Court of Appeals · Decided July 26, 1921 · Broyles
27 Ga. App. 318; 108 S.E. 130; 1921 Ga. App. LEXIS 863

Smith v. State

Opinion of the Court

Broyles, C. J.

1. Before one can lawfully be convicted of a violation of the “labor-contract act” of 1903 (Penal Code of 1910, § 715), it must be proved that at the time of the execution of the contract he had formed the intent to defraud. Proof of facts indicating that he formed a fraudulent intent after the advances were made is not sufficient to authorize a conviction. Redwine v. State, 17 Ga. App. 560 (87 S. E. 829).

2. Under this ruling and tbe facts of the instant case, the conviction of the accused was unauthorized by the evidence, and the court erred in overruling the motion for a new trial.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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