Coney v. State

MORROW, Presiding Judge. —

Embezzlement is the offense; punishment fixed at confinement in the penitentiary for a period of two years.

It was charged in the indictment that the appellant was the agent of A. E. Aaronson and that he embezzled a sum of money, the corporeal personal property of the said Aaronson. The second paragraph of the charge was in line with the averment, and in paragraph 3 the jury were instructed that if A. E. Aaronson had the exclusive, care, custody and control of the property from the sale of which the money was received, and he had the right to sell and dispose of the…