Legal Opinion

Echols v. State

Supreme Court of Alabama

Decided January 13, 1909PublishedCited by 6 opinions

Appeal from Bessemer City Court. Heard before Hon. William Jackson. From a conviction for embazzlement, Sam Echols appeals.

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Appeal from Bessemer City Court. Heard before Hon. William Jackson. From a conviction for embazzlement, Sam Echols appeals. The appellant was entitled to the affirmative charge as requested in writing upon two theories; 1st, no embazzlement was pleaded, and 2nd, no agency within the meaning of section 2868, Code 1907, was shown. — Pulliam v. The State, 78 Ala. 31; Hiudercr v. The State, 38 Ala. 419. The term, servant, clerk or employe, as used in the statute means that the relation between the parties are such that the employer has the right to order, demand, direct and control, and the…

1Opinion of the CourtSimpson, J.

The appellant was convicted of the offense of embezzlement; the affidavit charging that he, “being an agent, servant, or clerk of affiant, embezzled or fraudulently converted to his own use money to about the amount of $18, or fraudulently secretes, with intent to convert to his own use,, or to the use of another, $18 in money which has come into his possession by virtue of his office or employment.” The evidence for the state, in its -strongest light against the defendant, is that the défendant, being a tailor, agreed to make a suit of clothes for the prosecutor for a certain amount of…

2Cases cited1 opinion

  1. Pullam v. StateSupreme Court of Alabama · 1884

3Cited by6 opinions

  1. Marks v. StateSupreme Court of Alabama · 1909
  2. Blackwell v. KerchevalIdaho Supreme Court · 1915
  3. Spurlock v. StateAlabama Court of Appeals · 1953
  4. State v. CarrWashington Supreme Court · 1932
  5. Hall v. StateArizona Supreme Court · 1920

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