Ex Parte Cowart

The petition in this cause presents for consideration the ruling of the Court of Appeals as to exception numbered 3 to the court’s oral charge to the jury, which said exception was held by this court to be sufficiently definite and properly reserved for consideration in Ex parte Lee Cowart (present term) ante, p. 55, 77 South. 349. The exception referred to and considered by the Court of Appeals is as follows:

“When he drew that money out of the bank, then it was his duty not to have.appropriated the money to his own use, but it became Ms duty to place that money where it belonged, which was…