Wall v. State
Alabama Court of Appeals
Appeal from Monroe Circuit Court. Heard, before Hon. John T. Lackland. John Wall was convicted of embezzlement, and appeals. Omitting the formal charging part, the indictment is as follows: “John Wall, alias John Walls, agent of Mandy Simpkins, embezzled or fraudulent converted to his own use money to about the amount of $500, which came into his possession by virtue of his agency or employment, against the peace and dignity,” etc.
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Appeal from Monroe Circuit Court. Heard, before Hon. John T. Lackland. John Wall was convicted of embezzlement, and appeals. Omitting the formal charging part, the indictment is as follows: “John Wall, alias John Walls, agent of Mandy Simpkins, embezzled or fraudulent converted to his own use money to about the amount of $500, which came into his possession by virtue of his agency or employment, against the peace and dignity,” etc. The demurrers raise the questions discussed in the opinion. The power of attorney alluded to was from M. J. Simpkins to John J. Wall, constituting him agent and…
1Opinion of the CourtPelham, J.
The indictment in this case charges embezzlement, and is founded upon section 6828 of the Code of 1907, and conforms substantially to the section under which it is drawn and the form, in so far as applicable, prescribed for embezzlement (form 49, Code 1907, § 7161). The demurrers to the indictment are assigned upon the grounds that there is a failure to allege ownership of the property embezzled, or converted, and a failure to charge specifically that the defendant was acting as' agent for his principal, named in the indictment at the time of the embezzlement. Since the statutes were enacted…
2Cases cited17 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Childress v. StateSupreme Court of Alabama · 1888
- Gibson v. StateSupreme Court of Alabama · 1890
- Reeves v. StateSupreme Court of Alabama · 1891
- Walker v. StateSupreme Court of Alabama · 1897
12 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Hill v. StateCourt of Criminal Appeals of Alabama · 1978
- Lacey v. StateAlabama Court of Appeals · 1915
- State v. LindenWashington Supreme Court · 1932
- Troup v. StateAlabama Court of Appeals · 1946
31 more not listed; retrieve them via the Exa API.