State v. Fraley

MilleR, Judge:

On an indictment, in three counts, for embezzlement, the first two based on section 19, chapter 1-15, Code, the third a common count for larceny, defendant was found guilty, as charged in the indietmient, of the embezzlement of “one check of the value of Forty-two and 50/100 ($42.50) Dollars”, which the indictment in each count charges to have been the property of one Johnson McClure. And the judgment of the criminal court, on the verdict, affirmed by the circuit court, was that defendant be confined in the penitentiary for the period of two years.

Of the errors assigned here,…