Pate v. State

BRICKEN, Presiding Judge.

This appellant was indicted on three counts for unlawfully obtaining $5,500 from the East Lauderdale Banking Company. The three counts in the indictment are based upon the same transaction. Count 1 charges embezzlement under section 3964 of the Code 1923. Count 2 charges a violation of section 3412 of the Code 1923. Count 3 charges the appellant with larceny of the money in question. These are kindred offenses, and, as stated, are predicated upon the same transaction.

The case at bar is identical with the case of McLemore v. State, ante, p. 228, 157 So. 455. Every…