Roberson v. State

1. The defendant was charged with the offense of embezzlement, and it was alleged in the indictment that the funds which were embezzled belonged to two named eleemosynary or beneficial corporations. The allegation as to the corporate character of these institutions was material, and, there being no proof of incorporation, the verdict of guilty was not supported by the evidence, and a new trial should have been granted.

2. When the defendant made his statement his counsel offered to swear him and allow him to be cross-examined, waiving his constitutional right. The solicitor-general declined to…