Tibbits v. State

The appellant, J. O. Tibbits, was charged with the embezzlement of funds of the City of Miami, on and prior to the 27th day of January, 1939, in the amount of $1,893.00. Appellant entered a plea of not guilty and was tried and. convicted on April 30, 1940. From a judgment .of conviction and sentence to imprisonment in the State Penitentiary, this appeal is brought under the Criminal Procedure Act.

The appellant presents two questions. The first is that the evidence was insufficient to sustain a conviction and the verdict is such that the jury must have been guided by considerations other than…