Mobley v. State

Applying the principle announced in the headnote to the evidence in this case, the verdict of guilty therein rendered was contrary to law, and a new trial is accordingly ordered. Briefly stated, the facts are as follows: Yates entrusted to Chapman five dollars with which to buy produce, with the understanding that the latter was to thus use the money, and divide with Yates the profits realized from sales of the produce. Chapman invested the money thus received in a wagon-load of plums. A customer purchased from Chapman twenty-five cents worth of the fruit and handed him a five-dollar bill,…