Smith v. State

(dissenting).—I respectfully dissent from the opinion of my brethren.

Appellant was charged, as agent and employee of a private person, to wit: J. H. Wilder, with embezzling the sum of $55, which money had come into his possession and was under his care by virtue of said agency and employment.

The facts show that Wilder was engaged in the sale of musical instruments at Dublin, in Erath County, and had been so engaged for some years; that J. V. Haley and appellant were both working for bim in the capacity of traveling salesmen, during the year 1906. At some time in the fall of 1906, Wilder…