Ex parte Cornwell
Supreme Court of Alabama
Tlie facts in this case are sufficiently stated in the opinion. cited: — St-cote, eos rel. v. Pitts, 139 Ala. 152; Medlm v. Taylo-r, 101 Ala. 239; Code of Alabama, section 2637. The respondent is entirely without interest in the result of the prosecution.
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Tlie facts in this case are sufficiently stated in the opinion. cited: — St-cote, eos rel. v. Pitts, 139 Ala. 152; Medlm v. Taylo-r, 101 Ala. 239; Code of Alabama, section 2637. The respondent is entirely without interest in the result of the prosecution. A general depositor’s claim is a mere chose in action for so much money; and, in such case, an officer embezzling the money -could not be an offender against the property of depositor, but simply becomes an offender against the property of the bank. — Alston v. State, 92 Ala. 124; Gill r. State, 61 Ala. 169.
1Opinion of the CourtDowdell, J.
The petitioner was indicted by the grand jury of the city court of Bessemer.for embezzlement at the September term, 1903-4, of said court. The case was pending for trial in that court. The offense charged was for embezzling a large sum of money, which *498was in the possession of the Bessemer Savings Bank, or deposited therein, while the petitioner was an officer of said bank. The respondent in the petition is the judge of the city court of Bessemer.
The petition and answer show that, at the time of the alleged offense, the respondent was a depositor of said bank to the amount of about twelve…
2Cases cited2 opinions
- Medlin v. TaylorSupreme Court of Alabama · 1893
- McDowell v. StateSupreme Court of Alabama · 1878
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