State v. Alexander

(dissenting) : I am unable to agree with the opinion of Mr. Justice Blease in this case and will state the grounds of my dissent. This is an indictment under Section 459 of the Criminal Code, against the defendant, for embezzlement, while acting as County Treasurer of Oconee County. He was tried before his Honor, Judge Bonham, convicted and sentenced, and has appealed to this Court. The statute under which the indictment was presented reads thus:

“All officers * * * charged with the safekeeping, transfer and disbursements of any public funds, who shall embezzle the same, shall be deemed guilty…