Boyd v. State

PRICE, Judge.

Counts one and three of the indictment charged embezzlement. Count two charged false pretense. At the beginning of the trial the court granted the defendant’s motion to require the state to elect as to the counts under which it would proceed. The state elected to go to trial under counts one and three, the embezzlement counts. There was a general verdict of guilty.

Count one charged that appellant being the clerk, agent, servant or apprentice of Ella Ballard, embezzled or fraudulently-converted to his own use, or to the use of another, or fraudulently secreted with intent to…