Cases Adjudicated Volume 53

Cases Adjudicated Volume 53

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Excerpt from book: Tipton v. The State of Florida?Syllabus. flict in the evidence, unless the preponderance is such that the jury must have been improperly influenced to render the verdict. We can not say such is the preponderance of the evidence in this case. The judgment is affirmed. Taylor and Hocker, concur; Shackleford, C. J.. Cockrell and Whitfield, JJ., concur in the opinion. 53 691 J55 62[ F. M. Tipton, Plaintiff In Error, v. The State Of Flor- jia Itlj Ida, Defendant In Error. 1. Motions to quash indictments and the ruling of the court thereon form part of the record proper in a cause, and have no place in the bill of exceptions, and, when evi- denced to an appellate court only by a bill of exceptions, such court can not consider them. 2. The gist of the offense of embezzlement, under section 3311 of the General Statutes of 1906, is a breach of trust, and the provisions of this section do not apply to appropria- tion of property by a person unless he held a relation of confidence or trust towards the owner, and had possession of the property by virtue of such relation, and converted it in violation of the trust reposed in him. 3. A person may be a servant or agent de facto, and so be em braced in the statute punishing embezzlement. He need not be formally appointed as such. It is enough, if he acts as servant or agent for another, and the other Tlpton v. The State cf Florida?Opinion of Court. acquiesces. But one who is not lawfully the agent or servant of another and does not pretend or hold himself out to be such, and holds no relation of trust or confidence towards his alleged principal or master, is not within the terms of the statute. 4. The evidence examined and found not sufficient to sustain a verdict of guilty. This case was deci...
Book Details
ISBN-13: 9780217453202
Publisher: Rarebooksclub.com
Binding: Paperback
Language: English
Returnable: N
Spine Width: 19 mm
Width: 186 mm
ISBN-10: 0217453201
Publisher Date: 08 Jul 2012
Height: 242 mm
No of Pages: 358
Series Title: English
Weight: 640 gr
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