5 Ga. App. 171 | Ga. Ct. App. | 1908
A motion is made to dismiss this writ of-error. This motion is based upon four grounds, as follows: “1st. Because said writ of error is not entitled in the cause or court. 2d. Because the certificate to the bill of exceptions of the trial judge does not specify, as material to a clear understanding of the errors complained of, the whole or any part of the record of said case in the trial court. 3d. Because there is nothing in the assignment of error or bill of exceptions to show that the trial court ever passed sefitence upon the defendant, reference being merely made to a ‘verdict of guilty and judgment/ and it does not disclose the nature of this 'judgment. 4th. Because the assignments of error are too general to entitle them to the consideration of this court, in that none of them specify wherein the error consists.”
An inspection of the bill of exceptions shows that it is sufficiently entitled in the cause, because it states that the trial had (of which it proceeds to give a history) was that of the State v. Dolphus Starling. It is not usual, nor is it ordinarily necessary, to otherwise entitle a bill of exceptions than to state, in beginning the bill of exceptions, the names of the parties to the cause. The certificate to this bill of exceptions is in the usual form, prescribed by the code. In the bill of exceptions in a criminal case reference to the sentence is immaterial, and it is not necessary that it should appear that the defendant has been sentenced, where no error is assigned upon the sentence. An exception to the judgment overruling the motion for new trial is sufficient which assigns error upon that judgment. Upon every ground presented, till motion to dismiss the writ of error is without merit.
Starling was convicted of a violation of the labor-contract act of 1903 (Acts of 1903, p. 90). According to the evidence, the defendant procured money from the prosecutor, upon a contract to work a month with him. The exact language of the prosecutor is as follows: “The last week in April I made a contract with Adolphus Starling to work a month with me and I would pay him $12 per month in rations, and I advanced him at the time $3 and the supplies charged in the accusation.” This is the only evidence the record contains as to the contents of the contract. This contract was too indefinite to authorize a conviction under the act
Judgment reversed.