Barr v. State
Alabama Court of Appeals
Embezzlement. Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Otto T. Barr was convicted of embezzlement, and he appeals. The embezzlement charged was that of funds of the White Company, a corporation organized under the laws of the state of Ohio, which came into defendant’s possession, as agent of said company.
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Embezzlement. Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Otto T. Barr was convicted of embezzlement, and he appeals. The embezzlement charged was that of funds of the White Company, a corporation organized under the laws of the state of Ohio, which came into defendant’s possession, as agent of said company. Before entering into the trial of the case, defendant offered to plead a denial of the existence of the White Company as a corporation, and to that end filed a sworn plea; but the court refused to allow the plea to be filed. The following is charge 14, refused to…
1Opinion of the CourtWalker, P. J.
Under the provision of section 6876 of the Code, the defendant was entitled, before entering upon the trial, to cast upon the state the burden of proving the existence of the corporation, mentioned in the indictment, by denying such corporate existence by a sworn plea. — West v. State, 168 Ala. 1, 53 South. 277. The issue raised by such a plea is one of fact, and may be regarded as having been made “before - entering upon such trial,” within the meaning of that expression, as it is used in the statute, when the plea is filed before the selection of the triers of the facts. Some support for…
2Cases cited5 opinions
- Reeves v. StateSupreme Court of Alabama · 1891
- West v. StateSupreme Court of Alabama · 1910
- National Fertilizer Co. v. HollandSupreme Court of Alabama · 1894
- Green v. StateSupreme Court of Alabama · 1910
- Morgan v. WingSupreme Court of Alabama · 1877
3Cited by3 opinions
- Barr v. StateAlabama Court of Appeals · 1914
- Minton v. StateAlabama Court of Appeals · 1924
- Speaker v. StateAlabama Court of Appeals · 1917