State v. . Costin
Supreme Court of North Carolina
INDICTMENT for embezzlement tried at October Term, 1883, of Neav Hanover Criminal Court, before Meares, J. The defendant is charged with the embezzlement of money, the property of R. G. Gause & Co., and the proof was that he had been in their employment about six weeks, for the purpose of sweeping- out their store and waiting about the store, but not as a clerk; that on the 27th of June, 1883, their was an assemblage of people at Point Caswell, in Pender county, about forty…
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INDICTMENT for embezzlement tried at October Term, 1883, of Neav Hanover Criminal Court, before Meares, J. The defendant is charged with the embezzlement of money, the property of R. G. Gause & Co., and the proof was that he had been in their employment about six weeks, for the purpose of sweeping- out their store and waiting about the store, but not as a clerk; that on the 27th of June, 1883, their was an assemblage of people at Point Caswell, in Pender county, about forty miles by water from the city of Wilmington, the prosecutor’s place of business; that the defendant took passage on a…
1Opinion of the CourtMekbimoN, J.
In this case the defendant is indicted for embezzlement under Bat. Rev., ch. 32, §136.
On the trial he prayed the court to give the jury this instruction : That if the defendant was employed only for the purpose of sweeping out the store and waiting about the store of R. G, Gause & Co., and during such employment he was allowed to take the shoes to Point Caswell, for the purpose of selling them at fifty cents per pair, and he sold them at twenty-five cents-per pair, he could not be convicted, because he was not a servant in contemplation of the statute, at the time of the sale, and because he…
2Cases cited2 opinions
- Ex parte HedleyCalifornia Supreme Court · 1866
- People v. DaltonNew York Supreme Court · 1836
3Cited by6 opinions
- State v. DaweIdaho Supreme Court · 1918
- Compton v. StateSupreme Court of Arkansas · 1911
- State v. Summers.Supreme Court of North Carolina · 1906
- State v. . ConnellySupreme Court of North Carolina · 1889
- Commonwealth v. BainCourt of Appeals of Kentucky (pre-1976) · 1931
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