Shirey v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; F. Lloyd Tate, Judge. W. C, Shirey was convicted of embezzlement and larceny, and he appeals. The agency existed between the Secretary •of State and A. P. Stephens only under Acts 1911, p. 643. 91 Ala. 170, 8 South. 666, 24 Am. St. Rep. S83. If Shirey was a subagent of Stephens there was no privity between him and the Secretary of State. '75 Ala. 464; 13 Ala. App. 212, 68 South. 706; Acts 1911, p. 643; 16 Ala.
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Appeal from Circuit Court, Jefferson County; F. Lloyd Tate, Judge. W. C, Shirey was convicted of embezzlement and larceny, and he appeals. The agency existed between the Secretary •of State and A. P. Stephens only under Acts 1911, p. 643. 91 Ala. 170, 8 South. 666, 24 Am. St. Rep. S83. If Shirey was a subagent of Stephens there was no privity between him and the Secretary of State. '75 Ala. 464; 13 Ala. App. 212, 68 South. 706; Acts 1911, p. 643; 16 Ala. App. 119, 75 South. 711. A. B. Stephens then owned no property right in the fund. 121 JNT. X. 367, 24 N. E. 845; 79 Ala. 201, 58 Am. Rep.…
1Opinion of the Court
The indictment contained 19 counts, charging defendant in various ways with grand larceny and embezzlement. The facts as disclosed by the record, so far as they are necessary to a decision of this case, are as follows: Alton P. Stephens was appointed, by the Secretary of State of the state of Alabama, as one of his assistants, to collect certain license fees in Jefferson and Shelby counties, under authority of an act of the Legislature approved April 22, 1911 (Acts 1911, p. 634), which act also fixed the fees to be paid by licensed chauffeurs operating automobiles, and also provided how…
2Cases cited9 opinions
- Orr v. StateSupreme Court of Alabama · 1894
- Howard v. StateSupreme Court of Alabama · 1895
- Mayo v. StateSupreme Court of Alabama · 1857
- Jackson v. StateSupreme Court of Alabama · 1883
- In re State ex rel. Attorney GeneralSupreme Court of Alabama · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hill v. StateAlabama Court of Appeals · 1931
- Hodge v. StateAlabama Court of Appeals · 1922
- Lassiter v. StateAlabama Court of Appeals · 1939
- Brandon v. StateAlabama Court of Appeals · 1936
- Freeland v. StateAlabama Court of Appeals · 1938
3 more not listed; retrieve them via the Exa API.