Banks Stocks v. State

I am concurring in the opinion overruling appellant’s motion for rehearing and feel constrained to give expression to my reasons for so doing. According °to my view, the gravemen or burden of the proof lies not in the facts surrounding the final disposition of the eighty-one head of cattle as detailed in the record, but rather in the embezzlement which is completed by the fraudulent misapplication or conversion of the cattle— not of the money received for the sale of the cattle.

Mr. Stream, Vice President of the Western Hereford Exchange, testified that his company was engaged in the business…