Lowenthal v. State
Supreme Court of Alabama
[INDICTMENT FOB EMBEZZLEMENT.] Appeal from .the City Court of Mobile. Tried before the Hon. Alex. McEjNSTRY. Ti-ie indictment in this ease was in these words: “ The grand jury of said county charge, that, before the finding of this indictment, Jules Lowenthal, being the agent or clerk of Henry Sengstak, (the said Jules not being an apprentice, or under the age of eighteen years,) embezzled, or fraudulently converted to his .own use, money .to about the amount of eighteen…
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[INDICTMENT FOB EMBEZZLEMENT.] Appeal from .the City Court of Mobile. Tried before the Hon. Alex. McEjNSTRY. Ti-ie indictment in this ease was in these words: “ The grand jury of said county charge, that, before the finding of this indictment, Jules Lowenthal, being the agent or clerk of Henry Sengstak, (the said Jules not being an apprentice, or under the age of eighteen years,) embezzled, or fraudulently converted to his .own use, money .to about the amount of eighteen hundred dollars, and a bill of exchange to about the amount of eighteen hundred dollars, which came into his possession by…
1Opinion of the CourtStone, J.
The indictment in this case strictly pursues the form given in the Code, (p. 702, form 36,) and is sufficient. — Noles v. The State, 24 Ala. 672; Elam v. The State, 25 Ala. R. 53; Burdine v. The State, 25 Ala. 60; Sherrod v. The State, 25 Ala. 78; Thompson v. The State, *59425 Ala. 41; Salomon v. The State, 27 Ala. 26; Rogers v. The State, 26 Ala. 76.
[2.] The main question raised by the discussion in this case is, was the act of the prisoner, for which he was indicted, larceny or embezzlement ? For the prisoner it is urged, that he was not guilty of embezzlement, because the bill of exchange had…
2Cases cited8 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- People v. DaltonNew York Supreme Court · 1836
- Burdine v. StateSupreme Court of Alabama · 1854
- Thompson v. StateSupreme Court of Alabama · 1854
- Salomon v. StateSupreme Court of Alabama · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ker v. PeopleIllinois Supreme Court · 1884
- State v. TrolsonNevada Supreme Court · 1893
- Britton v. StateSupreme Court of Alabama · 1884
- Johnson v. StateSupreme Court of Alabama · 1860
- State v. LockieIdaho Supreme Court · 1927
5 more not listed; retrieve them via the Exa API.