Esdale v. State

PRICE, Judge.

The indictment contained three counts charging (1) embezzlement; (2) false pretense; (3) grand larceny. The false pretense count was nol prossed on motion of the Solicitor. Conviction was for embezzlement, the jury assessing the value of the property embezzled at $65.20.

This verdict operated as an acquittal as to the larceny count. Brewer v. State, 83 Ala. 113, 3 So. 816; Cowart v. State, 16 Ala.App. 119, 75 So. 711. Defendant was sentenced to the penitentiary for a term of three years.

Appellant’s first insistence is that the court erred in overruling demurrer to count one of the…