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79 Miss. 368

Hendricks v. State

Mississippi Supreme Court

Decided October 15, 1901

Mississippi Supreme Court · decided 1901-10-15

From the circuit court of Holmes county. Hon. William F. Stevens, Judge. Hendricks, the appellant, was indicted, tried and convicted of a violation of the statute, code 1892, § 1068, as amended, Laws 1900, p. 140, and appealed to the supreme court. The facts were these: In August, 1900, appellant entered into a written contract with one Bailey to make a crop, on shanes, on Bailey’s farm in 1901, which contract was signed by appellant, but was not signed by Bailey.

Good law ✅— No negative treatment on recordhow we know

Decided 1901-10-15

How this case has been cited

Cited by 7 later decisions — most recently January 2018

6 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Calhook, J.,

¶1delivered the opinion of the court.

¶2The act of March 12, 1900 (Laws 1900, p. 140, ch. 101), is in these words: “That any laborer renter or share-cropper who has contracted with another person for a specific time in writing, not exceeding one year, who shall leave his employer, or the leased premises, before the expiration of his contract, without the consent of the employer or landlord, and makes a second contract without giving notice of the first to said second party, shall be guilty,” etc. Defendant was entitled to a strict construction of this statute, and this record fails to show that he has violated it. He was never in the service of Bailey, with whom he first contracted, and, therefore, he could not have left him, and he "was never on the premises, and, therefore, could not have left them.

¶3We are asked to decide on the constitutionality of the act, but respectfully decline, because it is not necessary to do so, and courts should never decide constitutional questions except, when necessary to the disposition of a cause.

¶4. Reversed and remanded..

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