State v. Coltharp

This appeal is prosecuted by the state from a judgment of the lower court sustaining a demurrer to an indictment against appellee, Coltharp, for embezzlement. The essential parts» of this indictment are as follows:

J. L. Coltharp, “being then and there a partner in the Stephens & Coltharp Cotton Co., a co-partnership composed of the said J. L. Coltharp and one E. J. Stephens, domiciled and doing business in said county and State, and said Stephens & Coltharp being then and there the agent for and on behalf of E. J. Stephens to handle and use money of E. J. Stephens in the buying of cotton, and…