Jones v. State
| Decision Date | 09 February 1911 |
| Citation | 170 Ala. 76,54 So. 500 |
| Parties | JONES v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Coffee County Court; J. N. Ham, Judge.
George Jones was convicted of interfering with a laborer under contract to work for another, in violation of statute, and he appeals. Reversed and remanded.
C. W. Simmons, for appellant.
Robert C. Brickell, Atty. Gen., for the State.
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 Sam T. Smith. The variance was fatal to the prosecution, and the defendant was entitled to the general charge, as he requested.
Reversed and remanded.
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