5 Ga. App. 93 | Ga. Ct. App. | 1908
Charlie Clarke was convicted of a violation of the •act of 1903 (Acts 1903, p. 90),¿in obtaining money on a fraudulent promise to perform his contract of labor. His motion for a new trial was overruled. The testimony against him was that of the prosecutor, who stated, that the defendant had worked for him under contract from January until the 6th day of July, 1907; that on the latter day his contract was up, and he wanted ■some money, and, having three weeks more work on the farm, which he wanted him to do, he advanced him $4, on his promise that he would work for him for three weeks at the rate of $13.50 per month and three and a half pounds of meat, etc.; and that on the day he agreed to begin work, he moved off the prosecutor’s farm, .and did not do the work or return the money. The prosecutor further testified that he gave him no cause to leave. .This testimony, under the terms of the act, was sufficient to raise a presumption of guilt; and the defendant made no statement and •offered no evidence in rebuttal. The solicitor seemed not satisfied with the presumption of guilt, and offered in evidence the •docket of the county court, containing an entry showing that the defendant then on trial had three years previously filed a plea ■of guilty, to an accusation charging him with a violation of the .same statute. This evidence was admitted, over the objection of the defendant, who insisted that the offenses were entirely distinct, and not in any manner related to each other, and that it did not illustrate any issue in the case. The admission of this evidence is made one of the grounds in the motion for new trial. Another ground in the motion for new trial contends that it was •error for the solicitor, in opening the case to the jury, to state that “he expected to show that the defendant was an old offender.” This assigns error in the remark of the solicitor, but does not .assign error in any judgment of the court in reference to the remark. No allegation is made that the remark was objected to at the time, or that any ruling of the court was invoked or was made ■on the same. We decide the points in the case in the inverse order in which we have stated them.
There is no merit in the motion to dismiss the writ of error.
Judgment reversed.