State v. Fairburn

MR. JUSTICE CASTLES:

This is an appeal from a judgment of conviction on a.jury *451verdict. The appellant was convicted of grand larceny. of property held by him-,'as an agent under R.C.M. 1947, sec. 94-2701.

The charge arose out of appellant’s appropriation to his personal use of $381.60 paid to him by the purchaser of a Comptometer computing machine. The appellant -was an agent selling strictly on commission. According to the undisputed testimony of appellant’s employer, appellant had authority only to accept orders from customers “and to bring back written proof of those orders and whatever…