Commonwealth v. Duvall

Opinion of the Court by

Drury, Commissioner—

Certifying the law.

Eugene Duvall was charged by indictment with embezzlement. Upon bis trial under that indictment, at the conclusion of the evidence for the commonwealth, rthe trial court sustained Duvall’s motion for a peremptory instruction to acquit him. The jury was so instructed and returned a verdict of “Not guilty.” From the judgment entered upon that verdict, the commonwealth, proceeding under section 337 of the''Criminal Code, has appealed and asked to have the law certified.

Duvall had been employed as a traveling salesman and collector by…