Download or read book The Southeastern Reporter, Vol. 59 written by West Publishing Company and published by Forgotten Books. This book was released on 2018-09-06 with total page 1150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Southeastern Reporter, Vol. 59: Containing All the Decisions of the Supreme Courts of Appeals of Virginia and West Virginia, the Supreme Courts of North Carolina and South Carolina, and the Supreme Court and Court of Appeals of Georgia, November 16, 1907-February 1, 1908 Taking the case as we find it, the evidence shows that the defendant had worked nearly four months for the prosecutor upon the con tract, and the only payment shown by the state and called an advance is the sum of $2. To make a case which would authorize the jury to infer fraudulent intent, the state should have shown that the $10 a month for the time which had elapsed had been paid to the defendant, and that when he obtained the $2 he became thereby indebted just that amount, or some other amount, which he had not repaid, either by working on his contract or by returning the money, and that thereby his employer had sustained a loss, either of the $2 or some portion of it. There is no legal evidence showing that the defendant ever received anything from his employer ex cept the $2, and all of the evidence is clear that he worked in pursuance of his contract from December 12, 1906, to April 9, 1907. It is true that the prosecutor testified that this $2 was an advance. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.