Farris v. State

CATES, Judge.

Farris was indicted under two counts. The first charged him with the sale or removal of twelve automobiles for the purpose of hindering, delaying, or defrauding Associates Discount Corporation, the holder of trust receipts given by Farris for the cars. The second accused him of embezzling the cars.

The jury found him guilty under the first count only. Thereupon, the trial judge sentenced him to two and one-half years in the penitentiary. The specific mention of count 1 only in the verdict was, in effect, an acquittal of the charge of embezzlement. State v. Coleman, 3 Ala. 14.

Farris…