Hart v. State

All the errors relied upon for reversal of the judgment in this case are presented in the motion for new trial which was filed and overruled after verdict against appellant upon a charge by indictment that as agent he embezzled $25 of the money of Christ Schlarf. Appellant’s principal contention is that the court should have given a peremptory instruction of acquittal because the evidence shows as a matter of law that he was not the agent of Schlarf. Pertinent facts shown by the evidence are as follows:

Appellant was the auditor of Jasper County. He was the son-in-law of William Spurgeon, who…