People v. Burr
New York Court of Sessions
The defendant was tried and convicted of embezzlement at the May term of this court. Several questions presented by the case, being reserved for subsequent consideration and disposal.
1Opinion of the CourtTroy, J.
The evidence established the following facts: —The defendant, a boot and shoe maker, residing in the city of Brooklyn, was occasionally employed as such by the prosecutor who was a shopkeeper in the business of manufacturing and selling boots and shoes in the city of New York, to manufacture. for him, he furnished the materials ready cut and prepared for manufacture, the defendant taking those materials to his own house and returning the work when completed. He was not paid regular wages; his compensation depending upon and being regulated by the quantity of work performed at fixed prices,…
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