32 Ga. App. 56 | Ga. Ct. App. | 1924
The defendant was convicted of violating the “labor-contract law.” Because of the nature of this law, and lest it be abused, the courts have been strict in requiring the State to allege and prove those things which, under the statute, are necessary for a conviction. It has been held that the State must show “that there was a distinct and definite contract for service;” that there was no good reason why the contract was not performed, or no good reason why the accused did not return the money advanced to him; that the particular place where the labor is to be performed “must be so located and identified by the evidence as to establish a contract to labor at a certain and definite” place; and that the time for such labor must be specifically shown. Hnder these rules the evidence in the case under consideration
The accusation alleges that the defendant was “to work as a wage hand on the crop of Acy Bichardsón for the year 1920.” This is the only description in the accusation of the place where the labor was to be performed. It fails to show the particular location of the farm.on which the crop was to be raised, or even the county in which it was located. The evidence discloses the county but fails to locate or identify the farm. Under the ruling in Gatlin v. State, 16 Ga. App. 232 (3) (84 S. E. 973), and cases there cited, the contract as Set out in the accusation “was too indefinite to be the basis of a criminal prosecution; and while there was no demurrer by the defendant, nevertheless the evidence for the State was insufficient to warrant a conviction, inasmuch as it. failed to show upon what particular . . farm belonging to the
Judgment reversed.