State v. . Fain
Supreme Court of North Carolina
Indictment for Embezzlement, tried before Clark, J., at Fall Term, 1889, of the Superior Court of Ciieroeke County. The indictment charges that defendant “was employed in the capacity of an agent to one II.
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Indictment for Embezzlement, tried before Clark, J., at Fall Term, 1889, of the Superior Court of Ciieroeke County. The indictment charges that defendant “was employed in the capacity of an agent to one II. J. Kisselburg, and being above the age of sixteen years, and not being apprenticed to said Kisselburg, and, as such agent, intrusted by the said Kisselburg to receive money and notes for him, the said Kisselburg, and, being so employed and trusted, the said J. B. Fain, by virtue of such employment, then and there, did receive and take into his possession one note for the payment of five…
1Opinion of the CourtDavis, J.
after stating the facts: If there was any evidence reasonably sufficient to go the jury, its weight, as has been said time and again, is a question with which this Court has nothing to do. That is exclusively within the province of the jury.
The evidence on behalf of the State, if believed, sufficiently established the facts, that the defendant received the note executed by Perry Allen to collect for Kisselburg; that he ivas Kisselburg’s agent to collect; that he surrendered it to Perry Allen for the consideration testified to by Perry Allen; that it was destroyed upon being so surrendered;…
2Cases cited1 opinion
- State v. . LanierSupreme Court of North Carolina · 1883
3Cited by10 opinions
- State v. . SmithSupreme Court of North Carolina · 1942
- State v. . AndersonSupreme Court of North Carolina · 1935
- State v. AndersonSupreme Court of North Carolina · 1935
- State v. SmithSupreme Court of North Carolina · 1942
- Fulkerson v. StateCourt of Criminal Appeals of Oklahoma · 1920
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