Burns v. State

KRUEGER, Judge.

The offense is embezzlement. The punishment assessed is confinement in the state penitentiary for a term of 10 years.

The only question presented for review is that of a claimed variance between the allegations in the indictment and the proof.

It was charged in the indictment that on the 10th day of June, 1947, John W. Burns was the agent of Cleotha L. Sel*129lers, a private person, and the said John W. Burns did then and there fraudulently embezzle, misapply, and convert to bis own use, without the consent of said Cleotha L. Sellers, a private person, certain money belonging to said…