Bailey v. State Of Alabam

219 U.S. 219 (1911)

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Nature of the Case

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Facts

On December 26, 1907, D entered into a written contract with the Riverside Company, for D to work as a farmhand at the rate of 12.00 per month. D obtained the sum of fifteen dollars in advance payment. The rate of pay was to be $10.75 per month. D worked under the contract throughout the month of January and for three or four days in February 1908, and then, without just cause and without refunding the money, ceased to work. D has refused and failed to perform any further service thereunder, and has, without just cause, refused and failed to refund said fifteen dollars. D was a negro. No other evidence was introduced at trial. The court charged the jury, as follows: 'And the refusal of any person who enters into such contract to perform such act or service, or refund such money, or pay for such property, without just cause, shall be prima facie evidence of the intent to injure his employer, or to defraud him.' This was done under Ala. Code § 4730. D excepted to these instructions, and requested the court to instruct the jury that the statute, and the provision creating the presumption, were invalid, and further that 'the refusal or failure to perform the service alleged in the indictment, or to refund the money obtained from the Riverside Co. under the contract between it and the defendant, without cause, does not of itself make out a prima facie case of the defendant's intent to injure or defraud said Riverside Company.' The court refused D's instructions. D was sentenced by the court to pay the fine of thirty dollars and the costs, and in default thereof to hard labor 'for twenty days in lieu of said fine and one hundred and sixteen days on account of said costs.' The constitutionality of the statute was upheld and the judgment affirmed. The Supreme Court granted certiorari.