Dwyer v. State

Plaintiff in error, hereinafter referred to as the defendant, was convicted of embezzlement. The charge was based upon Sec. 5146, Revised General Statutes 1920, it being, charged that the defendant embezzled certain moneys of one John Driscoll, of whom he, the said defendant, was then and there the agent and servant.

The prosecuting witness, Driscoll, and other witnesses for the State, testified in effect that the money was Driscoll’s, and that Dwyer received it as the agent or representative of Driscoll. On the other hand, Dwyer testified in substance that he was not the agent or servant of…