9498.
Stephens v. The State.
Decided April 2, 1918.
Accusation of misdemeanor; from city court of Monroe—Judge -Stone. January 4, 1918.
T[ie accusation charged Bay Stephens with “the offense of misdemeanor, decoying, persuading, and enticing” a farm laborer, for that the defendant, on the 3d day of September, 1917, in Walton county, Georgia, “by requesting'and urging said Judge Broughton to go home with him and work out a balance which he claimed said Judge Broughton was due him, and by then and there including [inducing ?]. said Judge Broughton to get into the car in 'the possession of and being run by said Bay Stephens, did entice and persuade and decoy and did thereby attempt to entice and persuade and decoy said Judge Broughton to leave the service of J. H. Sorrells, his employer, the said Judge Broughton, then and there being the servant and farm laborer of J. H. Sorrells, employed as such under verbal contract beginning September 3d, 1917, and to continue of favor [?] and effect until said Judge Broughton should have paid in work, and labor the equivalent of $56.05 at the rate of $15.00 per month, the said Judge Broughton being then and there actually in the service of said J. H. Sorrells, and the said Bay Stephens then and there knew that said Judge Broughton was so employed; contrary to the laws of said State,” etc. The defendant demurred on the grounds that the accusation fails to charge any offense, and “fails to state any word or act of incitement or inducement on the part of the defendant whereby he influenced the will of the alleged servant so that the latter became dissatisfied with his alleged employment and was allured ¿way.”
Bloodworth, J.
1. The demurrer to the accusation was properly overruled.
2. “This court can not consider exceptions to the refusal of the trial judge to comply with written requests to charge, unless it is made to appear that they were tendered to the court before the jury retired to consider the ease. Shirley v. State, 5 Ga. App, 611 (63 S. E. 583). In this case it is not disclosed that the written requests to charge were so tendered.” Seaboard Air-Line Ry. v. Barrow, 18 Ga. App. 261 (4) (89 S. E. 383) ; Seaboard Air-Line Railway v. Lyon, 18 Ga. App. 266 (6), 267 (89 S. E. 384).
3. There was some evidence to. support the verdict.
Judgment affirmed.
Broyles, P. J., and Harwell, J., concur.
*124Rogers & Knox, for plaintiff in error, cited,
on the demurrer: Penal Code (1910), § 125; Watson v. State, 124 Ga. 454; Hudgins V. State, 126 Ga. 639, 642; Broughton v. State, 114 Ga. 34; Solomon v. State, 14 Ga. App. 115; Johnson v. State, 90 Ga. 441; Brown v. State, 116 Ga. 562; Carter v. State, 12 Ga. App. 432 (2); United States v. Hess, 124 U. S. 483; McAllister v. State, 122 Ga. 745-6.
U. W. Roberts, solicitor, contra, cited:
Penal Code (1910), § 954; Hudgins V. State, supra; Youmans v. State, 7 Ga. App. 101 (4); Holt v. State, 5 Ga. App. 184 (1); Bazemore v. State, 121 Ga. 619; Bright v. State, 4 Ga. App. 333-6.