48 Ala. 549 | Ala. | 1872
Tbe appellant was convicted under an indictment for enticing away a laborer, contrary to section 3691 of tbe Bevised Code.
Tbe court excluded testimony tending to show that at tbe time of tbe alleged misconduct of tbe defendant, there was an unfulfilled verbal, but valid, contract between bim and tbe laborer, made prior to tbe latter’s written agreement with tbe prosecutor. If this was so, could be commit tbe offense for wbicb be was indicted, towards tbe prosecutor?
Blackstone says, retaining a man’s hired servant before his time is expired is an ungentlemanlike, as it is an illegal act. That tbe inveigling or hiring bis servant, wbicb induces a breach of bis contract, is an injury to tbe master
The written contract alleged to have been broken was not stamped at the time of its execution, and for that reason was not receivable in evidence. — 14 U. S. Stat. at large, pp. 143-4. Parol proof of its contents was inadmissible, notwithstanding its loss, because neither the original nor a copy was admissible without the stamp, and the secondary can not acquire a privilege which the best evidence did not have. This written contract was essential to the prosecution. If it be contended that the loss of the instrument prevented its defect from being remedied, it may be replied, that the practice would encourage pretended losses, and that the evidence which would prove its contents would establish a copy to which the proper stamps might be affixed according to the provisions of the revenue law.
The stamp might have been affixed and cancelled by either party. — U. S. Stat. supra.
It is unnecessary to consider the charges given and refused in detail. What has been said is decisive of them.
The judgment is reversed, and the cause remanded.