Howland v. State

*19The opinion of the court was delivered by

Reed, J.

The defendant was indicted for the larceny of a check. He was convicted of embezzlement. The facts proved were these: The cheek was payable to one Frank Benson. Benson took the check to the store of one Levy, and, after endorsing the check, left it with Levy’s son. He was to call the next morning and get the cash for the check. Young Levy placed the cheek in a safe standing in the store. Howland, the defendant, was in the store at the time. Some words passed between Howland and young Levy in respect to Howland’s ability to open the safe.

Levy…