Barr v. State
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Otto T. Barr was convicted of embezzlement and he appeals.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Otto T. Barr was convicted of embezzlement and he appeals. There was a material variance between the indictment and the proof in that the indictment charged the offense denounced by section 6828, Code 1907, while the evidence showed, if it showed any offense at all, the offense denounced by section 6831, Code 1907. — Pulliam v. State, 78 Ala. 31; Watson v. State, 70 Ala. 13; Willis v. State, 134 Ala. 429; Walicer v. State, 117 Ala. 42. The relation of principal and agent as contemplated by the state did not exist in this…
1Opinion of the CourtWalker, P. J.
As stated in the report of this case on a former appeal (Barr v. State, 7 Ala. App. 96, 61 South. 40), the indictment charged the defendant with the embezzlement of money of the White Company, a corporation organized under the laws of the state of Ohio, which came into his possession by virtue of his employment as agent of said company. It is apparent from the language of the indictment that the offense the commission of which it charges is the one defined by section 6828 of the Code. — Willis v. State, 134 Ala. 429, 33 South. 226. The evidence offered in support of the charge was as to the…
2Cases cited15 opinions
- People v. HawkinsMichigan Supreme Court · 1895
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1880
- Wall v. StateAlabama Court of Appeals · 1911
- State v. O'BrienTennessee Supreme Court · 1894
- Pullam v. StateSupreme Court of Alabama · 1884
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lacey v. StateAlabama Court of Appeals · 1915
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Abbott v. StateAlabama Court of Appeals · 1936
- Peters v. StateAlabama Court of Appeals · 1915
- Dwyer v. StateSupreme Court of Florida · 1927
4 more not listed; retrieve them via the Exa API.