Smith v. State

This is an appeal from a judgment of the Monroe Circuit Court, wherein appellant was adjudged guilty of the crime of embezzlement in receiving a deposit in the Exchange Bank of Spencer, Indiana, on June 15, 1929, at a time when the bank was alleged to be insolvent. §2479 Burns 1926, Acts 1907 p. 14.

The error relied upon for reversal is the action of the court in overruling appellant’s motion for a new trial, wherein it is contended the court erred: (1) In giving instruction No. 8 by the court of his own motion; (2) in refusing to give appellant’s tendered instruction No. 9; (3) the verdict of…