Jones v. State

Supreme Court of Alabama

Jones v. State

54 So. 500, 170 Ala. 76, 1911 Ala. LEXIS 35

CourtSupreme Court of Alabama

DecidedFebruary 9, 1911

StatusPublished

Cited by5 cases

This text of 54 So. 500 (Jones v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. State, 54 So. 500, 170 Ala. 76, 1911 Ala. LEXIS 35 (Ala. 1911).

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Opinion

SAYRE, J.

Appellant was convicted under an indictment which charged a violation of section 6850 of the Code of 1907. It is probable the defendant could not be convicted under the evidence for several reasons. We think it sufficient to note one. The indictment, as it appears in the transcript, charged that the defendant knowingly interfered with a laborer who had contracted in writing to serve one W. T. Smith. The proof showed only that the laborer had contracted with one S'am T. Smith. The variance was fatal to the prosecution, and the defendant was entitled to the general charge, as he requested.

Reversed and remanded.

D’owdell, C. J., and Anderson and Somerville, JJ., concur.

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SAYRE, J.

Appellant was convicted under an indictment which charged a violation of section 6850 of the Code of 1907. It is probable the defendant could not be convicted under the evidence for several reasons. We think it sufficient to note one. The indictment, as it appears in the transcript, charged that the defendant knowingly interfered with a laborer who had contracted in writing to serve one W. T. Smith. The proof showed only that the laborer had contracted with one S'am T. Smith. The variance was fatal to the prosecution, and the defendant was entitled to the general charge, as he requested.

Reversed and remanded.

D’owdell, C. J., and Anderson and Somerville, JJ., concur.

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Bluebook (online)

54 So. 500, 170 Ala. 76, 1911 Ala. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-ala-1911.

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