Loker v. State

I dissent because, in my opinion, the evidence in the case indicates that the defendant (1) was not guilty under count 2 of embezzlement by a clerk, servant or agent as defined in Code, Article 27, Section 129 in that there was a fatal variance between the allegations of count 2 which names the Town of Leonardtown as owner of the money allegedly embezzled by way of the “less cash” transactions and the evidence which establishes that the local banks owned the money, and (2) could not legally be guilty under count 4 of larceny in that the evidence showed that the defendant and not the Town had…