State v. Posey
Supreme Court of South Carolina
Before J. E. McDonald, Special Judge, Anderson, March, 1910. Indictment against Wesley Posey. Defendant appeals. cite: An agreement for an unlazvful purpose, or to work a fraud upon another, is void: 1 Mechem on Agency 18, 19, 20; 1 Ency. 971; 28 Ency. 866; 15 Ency. 943. Variance between the allegation and proof is fatal here: 5 S. C. 65; 34 S. C. 661; 7 Ency. P. & P. 452.
1Opinion of the Court
The opinion in this case was filed on March 16, 1911, but held up on petition for rehearing until
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The defendant was convicted of breach of trust with fraudulent intent, upon an indictment charging him with fraudulently and feloniously appropriating to his own use the sum of ninety dollars, the property of ly. B. Frazier, which had come into his hands “as agent of said D. B. Frasier, to make change for said B. B. Frazier of two hundred dollars and return to him, the said L. B. Frazier, with part of said two hundred dollars.”
Frazier’s…
2Cited by10 opinions
- State v. MellenbergerOregon Supreme Court · 1939
- Bell v. Clinton Oil MillSupreme Court of South Carolina · 1924
- State v. Al-AminCourt of Appeals of South Carolina · 2003
- State v. McCannSupreme Court of South Carolina · 1932
- United States v. TurleyDistrict Court, D. Maryland · 1956
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