Sexton v. State

This case involves the embezzlement of a truck engine by the defendant, the former superintendent of a Tuscaloosa County automotive shop. The engine had been removed from a motor vehicle owned by the County because it was defective. A jury found the defendant guilty of the embezzlement of property "less than $25.00 as charged in the indictment." This form of verdict was proper and responsive to the indictment. Huffman v.State, 89 Ala. 33, 205 So. 619 (1889). Sentence was nine months' imprisonment and a fine of five hundred dollars.

The controlling issue is whether or not an "agent, servant or…