Legal Opinion

State v. Brewington

New York Court of General Session of the Peace

Decided November 15, 1910No. 20PublishedCited by 5 opinions

Indictment for embezzlement as bailee, it being charged that the defendant, as the bailee of the property of the person therein named, embezzled and fraudulently converted the same to his own use. It was shown that the prosecuting witness gave $5.00 to the defendant to have it changed for her; that he, having accepted the money for that purpose, kept it and fraudulently converted it to his own use.

1Opinion of the CourtWoolley, J.

charging the jury:

Gentlemen of the jury: — The indictment under which this case is tried, describes the defendant as the bailee of the property of Clara Earl, and charges that as bailee he embezzled and fraudulently converted the same to his own use. The state represents that Clara Earl gave $5 to the defendant with instructions to have it changed; that the defendant accepted the money for that purpose, but instead of having it changed, he kept it and fraudulently converted it to his own use. The defendant claims that if the money was in fact so given to him, he had no recollection either of…

2Cases cited9 opinions

  1. State v. JackNew York Court of General Session of the Peace · 1903
  2. State v. AdamsDelaware Court of Oyer and Terminer · 1906
  3. State v. KavanaughNew York Court of General Session of the Peace · 1902
  4. Foster v. StateSupreme Court of Delaware · 1899
  5. State v. TruittNew York Court of General Session of the Peace · 1905

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

3Cited by5 opinions

  1. Clark v. StateSupreme Court of Delaware · 1972
  2. United States of America Ex Rel. Sidney J. Clark v. Raymond W. AndersonCourt of Appeals for the Third Circuit · 1974
  3. Ridgel v. StateSupreme Court of Arkansas · 1914
  4. United States of America Ex Rel. Sidney J. Clark v. Raymond W. AndersonCourt of Appeals for the Third Circuit · 1974
  5. United States of America Ex Rel. Sidney J. Clark v. Raymond W. AndersonCourt of Appeals for the Third Circuit · 1974

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