Huffman v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The indictment in this case contained three counts, each of which charged, in varying phraseology, that the defendant, being the bailee or agent of Sells Brothers, “did embezzle, or fraudulently convert to his own use, money to about the amount of $150, the personal property of said Sells Brothers, which came to his possession by virtue- of his said employment.”
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From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The indictment in this case contained three counts, each of which charged, in varying phraseology, that the defendant, being the bailee or agent of Sells Brothers, “did embezzle, or fraudulently convert to his own use, money to about the amount of $150, the personal property of said Sells Brothers, which came to his possession by virtue- of his said employment.” The defendant demurred to the indictment, “because it does not allege the value of the money embezzled, and because it does not allege the description or…
1Opinion of the CourtStone, C. J.
The indictment in this case pursues the form given in the Code, and is sufficient. — Form 39, p. 270 of Code, vol. 2; § 3810, same vol.
The verdict in this case must be classed as a special one. Its language is, “We, the jury, find the defendant guilty of embezzlement of a sum of money less than twenty-five dol*34lars.” When a special verdict is found, it must affirm every material ingredient of the offense, or no judgment can be rendered upon it. Under tbe authorities, we are not able to affirm that anything was found except what was expressed. Hence we are not permitted to know, or to infer,…
2Cases cited1 opinion
- Clay v. StateSupreme Court of Alabama · 1869
3Cited by16 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Reeves v. StateSupreme Court of Alabama · 1891
- Powell v. StateSupreme Court of Alabama · 1932
- State v. DeWittSupreme Court of Missouri · 1905
- Willis v. StateSupreme Court of Alabama · 1901
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