State v. . Higgins

1. Because he stood not to the prosecutor in the relation of a servant, which the statute requires, and the indictment describes.

2. Because the goods embezzled came not to his hands by a delivery of the nature of that described in the statute and the indictment.

I. They said that the words of a statute are to be taken in their ordinary and most known signification, not so much regarding the propriety of grammar as their general and popular use; and cited 1 Comm., 59.

Now, the statute requires that the offender be a servant. Perhaps this word, in its most extended grammatical sense, may include…