Legal Opinion

Block v. State

Texas Supreme Court

Decided July 1, 1876PublishedCited by 12 opinions

Appeal from Galveston. Tried below before the Hon. A. P. McCormick. M. Block was indicted for embezzling three hundred dollars, by him collected as agent of J. Lavenberg. The testimony showed that Lavenberg placed several accounts in the hands of Block, who reported that he could not collect them; that the parties against whom were the accounts had paid them to Block “in United States bills or notes, commonly called greenbacks or national-hank notes, or in both.”

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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. M. Block was indicted for embezzling three hundred dollars, by him collected as agent of J. Lavenberg. The testimony showed that Lavenberg placed several accounts in the hands of Block, who reported that he could not collect them; that the parties against whom were the accounts had paid them to Block “in United States bills or notes, commonly called greenbacks or national-hank notes, or in both.” The court instructed the jury “that if the evidence shows the collection and conversion to have been of the bills of the United…

1Opinion of the CourtRoberts, Chief Justice

The defendant was indicted for the embezzlement of money collected as an agent and converted to his own use. The evidence offered and received over exceptions thereto, was, that he had received greenbacks, being either Treasury notes of the United States, or notes of the national banks, the witnesses being unable to say which, The ruling of the court, in admitting this evidence as competent to establish the charge of embezzling money, is the only question in the case.

In the part of the code relating to embezzlement the terms “money or property ” are used to express the objects that maybe…

2Cases cited1 opinion

  1. Williams v. StateMississippi Supreme Court · 1872

3Cited by12 opinions

  1. Thompson v. StateCourt of Criminal Appeals of Texas · 1896
  2. State v. MispagelSupreme Court of Missouri · 1907
  3. Lewis v. StateCourt of Appeals of Texas · 1889
  4. Diaz v. StateCourt of Criminal Appeals of Texas · 1911
  5. Kimbrough v. StateCourt of Appeals of Texas · 1890

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