Brown v. State

Plaintiff in error, hereinafter called the defendant, was convicted of embezzlement, the charge being based on Section 5146, Rev. Gen. Stat. 1920.

The property involved is described in the information as “the sum of $5,000, lawful currency of the United States.” The proof shows the property to have been a cheek in amount of $5,000, and not currency. In view, however, of the provisions of Sec. 6068, Rev. Gen. Stat. 1920, this circumstance does not constitute a variance between allegation and proof. Thalheim v. State, 38 Fla. 169, 20 South Rep. 938.

The prosecution arose out of the following…