No. 70.

315 U.S. 25 (1942)


Supreme Court of United States.

Decided January 12, 1942.

Attorney(s) appearing for the Case

Messrs. Leonard Haas and Thomas Taylor Purdom for appellant.

Mr. C.S. Baldwin, Jr., with whom Mr. Ellis Arnall, Attorney General of Georgia, was on the brief, for appellee.

Solicitor General Fahy and Assistant Attorney General Berge filed a memorandum on behalf of the United States, as amicus curiae, urging reversal.

Opinion of the Court by MR. JUSTICE BYRNES, announced by the CHIEF JUSTICE.

Appellant was indicted in the Superior Court of Wilkinson County, Georgia, for violation of §§ 7408 and 7409, of Title 26 of the Georgia Code. Section 7408 provides:

"Any person who shall contract with another to perform for him services of any kind, with intent to procure money or other thing of value thereby, and not to perform the service contracted for, to the loss and...

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