Ray v. State

The defendant was indicted, tried, and convicted in the circuit court of Tuscaloosa county for the offense of embezzlement.

[1-3] Neither of the two questions insisted upon can avail the defendant on this appeal. The first, as to whether the defendant was guilty of larceny or embezzlement, under the facts in this case, was clearly a question for the jury, and the court properly submitted this question to the jury for its consideration. On this question the testimony of the state and that of the defendant were in sharp conflict. The evidence of the state tended to show that the defendant was…