Foster v. State

VICKERY, PJ.

Now, there is a grave -question in this law suit as to whether the defendant could be convicted of embezzlement under the evidence in this case, inasmuch as the statute above referred to nowhere refers to an accountant. The prosecutor in drawing this indictment apparently was aware of that '’and so used the words, “agent, to-wit, accountant,” and the court likewise slurred the matter over by referring to “agent, to-wit, accountant.”

-Now, the history of the growth of the statute in which it has made various officers, agents, attorneys, etc., liable to be prosecuted for embezzlement…