Smith v. State

H. Fred Smith seeks relief here from a conviction of the crime of embezzlement. The indictment contains two counts, but, as the defendant was convicted under the first count, it becomes unnecessary to consider the second count. In substance, the first count charges that the defendant as the agent of one L. M. Hamilton received and had in his possession and custody a certain check, which is described, the property of Hamilton, of the value cff $66.70, which the defendant unlawfully converted to his own use.

The assignment which is first presented to us is the second, which is as follows: “The…