Hinderer v. State
Supreme Court of Alabama
From the Circuit Court of Montgomery. Tried before the Hon. Nat. Cook, The indictment in this case charged, “ that Fred Hinderer, alias Fred Hindree, an agent or clerk of George O. Janney, not being an apprentice, nor under the age of eighteen years, embezzled, or fraudulently converted to his own use, ten barrels of flour, of the value of one hundred dollars, which came into his possession by virtue of his employment.” The only plea was, not guilty.
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From the Circuit Court of Montgomery. Tried before the Hon. Nat. Cook, The indictment in this case charged, “ that Fred Hinderer, alias Fred Hindree, an agent or clerk of George O. Janney, not being an apprentice, nor under the age of eighteen years, embezzled, or fraudulently converted to his own use, ten barrels of flour, of the value of one hundred dollars, which came into his possession by virtue of his employment.” The only plea was, not guilty. “ On the trial,” as the bill of exceptions states, “ the following facts appeared in evidence : The offense charged was committed in Montgomery…
1Opinion of the CourtStone, J.
The defendant was tried and convicted under section 3143 of the Code, which provides for the punishment of any clerk or agent of any piivate person, who embezzles, or fraudulently converts to his own use, any property of another, which has come into his possession by virtue of his employment, &c. The only reason urged in this court for a reversal, grows out of the question, was the defendant, under- the facts of this case, the clerk or agent of George O. Janney?
Agent, in the sense here employed, means, “ one who is authorized to act for another; a substitute ; a deputy ; a factor.” —…
2Cases cited6 opinions
- Jones v. DawsonSupreme Court of Alabama · 1851
- Stanley v. NelsonSupreme Court of Alabama · 1856
- Lowenthal v. StateSupreme Court of Alabama · 1858
- People v. ShermanNew York Supreme Court · 1833
- Brooks v. StateSupreme Court of Alabama · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jackson v. StateAlabama Court of Appeals · 1947
- Eggleston v. StateSupreme Court of Alabama · 1900
- Rogers v. StateAlabama Court of Appeals · 1952
- Shirey v. StateAlabama Court of Appeals · 1921
- Washington v. StateSupreme Court of Alabama · 1882
4 more not listed; retrieve them via the Exa API.