Legal Opinion

Cowart v. State

Alabama Court of Appeals

Decided April 3, 1917No. 3 Div. 265PublishedCited by 19 opinions

Appeal from City Court of Montgomery; A. H. Alston, Judge. Lee Cowart was convicted of embezzlement, and appeals.

1Opinion of the CourtBrown, P. J.

[1] The defendant was convicted of embezzling money which the indictment alleges came into his possession as bailee or trustee of the state. The conviction was under the fourth count of the indictment only, and this operated as an acquittal as to the other counts. Brewer v. State, 83 Ala. 113, 3 South. 816, 3 Am. St. Rep. 693.

[2, 3] One of appellant’s contentions is that the defendant could not be a bailee or trustee of the state, as a matter of law, unless he was authorized by statute to receive money of the state, as its agent or officer, and that the statute conferred on him no such…

2Cases cited13 opinions

  1. Birmingham Railway, Light & Power Co. v. FriedmanSupreme Court of Alabama · 1914
  2. Lacey v. StateAlabama Court of Appeals · 1915
  3. Addington v. StateAlabama Court of Appeals · 1916
  4. Brown v. StateAlabama Court of Appeals · 1916
  5. Kimbell v. StateSupreme Court of Alabama · 1909

8 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Ex Parte CowartSupreme Court of Alabama · 1917
  2. Troup v. StateAlabama Court of Appeals · 1946
  3. Brown v. StateAlabama Court of Appeals · 1945
  4. Favors v. StateAlabama Court of Appeals · 1945
  5. Reed v. StateAlabama Court of Appeals · 1922

14 more not listed; retrieve them via the Exa API.

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