124 Ga. 69 | Ga. | 1905
Townsend was accused of being a common cheat and swindler under the provisions of the act approved August 15, 1903 (Acts 1903, p. 90), the accusation charging, that, after having contracted to perform certain services for the prosecutor, he procured money and other things of value from him, with intent not to perform the services, “to the loss and damage of” the prosecutor. The accused demurred to the accusation, on the ground that it did not set out with sufficient certainty the articles of merchandise alleged to have been advanced. He also demurred on the ground that the statute under which the defendant was accused was void, being contrary to the principles contained in art. 1, sec. 1, par. 17, of the constitution of Georgia, as well as contravening the Federal constitution, and violating the law in reference to peonage as contained in section 5526 of the United States Compiled Statutes. Both demurrers were overruled, to which the defendant excepted pendente lite, and the case proceeded to a trial. Upon the hearing the prosecutor testified that under the contract referred to in the accusation he was to furnish the accused with twenty-five acres of land and a mule, the accused was to furnish the labor and supplies, and they were to divide the proceeds of the crop. It was further agreed that the prosecutor was to procure the supplies for the defendant, and that the defendant was to pay him for them out of the defendant’s share of the crop. The prosecutor also testified, “He rented the land from me and agreed to cultivate the land on the halves.” The defendant in his statement contended that he had rented the land from the prosecutor; and that as to the money he had gotten from the prosecutor, he intended to work for one Hight in order to get money with which to pay it' — -that he was thus at work for Hight when he was arrested. The jury returned a verdict of guilty. The defendant made a motion for a new trial, upon the general grounds, and because the court refused written requests to give in charge the following: “A cropper is not a hirer in the sense of the statute.” “Confinement in jail is a good and sufficient excuse for not complying with his contract.” “Before you can convict, the State must sho.w that before the defendant was confined in the jail, of Floyd county that the time had come when the money was to be paid t or the labor performed.” The court overruled the motion, and the defendant excepted.
Except as indicated in the above, no errors of law were committed.
Judgment in the one case reversedj in the other affirmed.