Snell v. State
Supreme Court of Georgia
Criminal law. Larceny after trust. Demand. Before Judge Hopkins. Clayton Superior Court. March Term, 1873. Snell was placed on trial for the offense of larceny after trust.
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Criminal law. Larceny after trust. Demand. Before Judge Hopkins. Clayton Superior Court. March Term, 1873. Snell was placed on trial for the offense of larceny after trust. The material portion of the indictment against him was as follows: “For that the said Joseph A. Snell, in the county aforesaid, on the......day of February, 1873, with force and arms, being then and there employed as agent for the Singer Sewing Machine Company, incorporated under and by the laws of the State of New York, by virtue of his said office as agent as aforesaid, then and there, whilst he was so employed as…
1Opinion of the Court
McCay, Judge.
In the case of McCoy vs. The State, 15th Georgia, 205, this Court held, that, under section 36 of the Code of 1833, (of which section 4358 of Irwin’s, Code is but a transcript,) the crime of larceny after trust delegated was complete on a fraudulent conversion to the defendant’s own use of the thing entrusted. This indictment is only good under that construction of the section. It fails to allege any demand, or even any failure to pay; it goes solely on the fraudulent conversion. We do not think the evidence sustains the indictment. The use of the money by the defendant, as…
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