
    750.
    Baker v. The State.
    Accusation of cheating and swindling, from city court of Baxley — Judge Thomas. August 21, 1907.
    Submitted October 9,
    Decided October 16, 1907.
    From the evidence it appeared, that Baker, on December 22, 1906, contracted with the Beach Lumber Company, to begin work' for it on the 27th day of the same month as wagoner, and to contimie the work for one year, or until he had repaid to the company $20 received from it by him under the contract, the company agreeing to pay him $1.50 a day for. the work. He did not begin work and did not repay the money or any part of it. The accusation is dated May 28, 1907. In his motion for a new trial, Baker contended that the verdict was contrary to law and to the evidence, because it appeared that the time in which the labor was to be performed had not expired when the accusation was preferred; that sufficient time was left to him to earn the money obtained on the contract.
   Hill, C. J.

1. This ease is controlled by the decisions of this court in Mosely v. State, and Harwell v. State, ante, 189, 613 (58 S. E. 1111), and by the decision in Millinder v. State, 124 Ga. 452 (52 S. E. 760).

Judgment affirmed.

James R. Thomas, Joseph A. Morris, for plaintiff in error.

V. E. Padgett, solicitor, contra.  