10 Ga. 47 | Ga. | 1851
delivering the opinion.
The plaintiff has assigned five distinct grounds of error to the judgment of the Court below in this case, which we shall consider in the order the same appear in the record before us.
The objection urged to the admission of this evidence is, that it appears from the record, that these tickets were purchased anterior to the time the money is proved to have been taken from the bank, and therefore, irrelevant testimony.
It appears from the record, that the defendant was the Cashier of the Central Railroad and Bonking Company, and had the custody of the money and funds belonging to that institution; that on the 2d day of February, 1850, by his own showing, he had in his hands the sum of $120,000; that on or about the 27th of the same month, there was $103,000 taken from the bank, and the defendant absconded from the State about the same time to England, where he was arrested and brought back. It also appears, that the defendant was embarrassed in his pecuniary matters previous to that time, saying it was difficult for him to get along with his private affairs, being pressed by a large judgment, and it was exceedingly difficult for him to live. After the defendant was brought back to Savannah, he admitted to Mr. Cuyler, the President of the bank, that he had been dealing in lottery tickets, and commenced doing so the preceding fall; that his losses in February by lotteries, could not have exceeded $15,000 in that month. The defendant also stated, that in December he drew two prizes in the lotteries, amounting to $12,-000, and that money went to replace money which he had previously taken to purchase lottery tickets, and it made his money good at the end of the month.
There is no positive evidence that the defendant took the money from the bank; his guilt can only be established by circumstantial evidence, that is to say, by proof of such facts and
Now, the offence with which the defendant stands charged in the indictment is, that as 'the Cashier of the Central Railroad Bank, he did embezzle, steal, secrete and fraudulently take and carry away, alarge amount of money whichhad been entrusted to him as such Cashier. To purchase these lottery tickets, a considerable sum of money was required, as is manifestly apparent to every reasonable mind. But it is urged by the defendant’s counsel, that these tickets were all purchased before the money is proved to have been taken from the bank, and therefore, cannot afford any presumption of his guilt. Concede for the purpose of this investigation, that McAlpin and Fay, the directors who counted the money, were not deceived or mistaken, as to the money being in the bank on the days which they profess to have counted it — yet the evidence of the lottery tickets shows, that to have purchased them, the defendant must have had money obtained from some quarter. Did he borrow the money to purchase the tickets from a friend, or did he purchase the tickets on a credit ? Still the purchase of the tickets created a necessity for money; especially, as the defendant was in debt, and hard pressed to live. The purchase of a great number of lottery tickets, anterior to the loss of the money by the bank, by the defendant, created a necessity for him to have money to pay for them. The purchase of the tickets created a debt, which the defendant was bound to pay, either with his own money, or that entrusted to him by other people. By his own confessions, he had no spare cash of his own, with which to purchase lottery tickets. Did he borrow the money from his friends or other persons to purchase them, before the' money was taken from the bank? If so, he
By the 33d section of the 6th division of the Penal Code, it is declared, that “ Any officer, servant or other person employed in any bank or other corporate body in this State, who shall embezzle, steal, secrete, or fraudulently take and carry away any money, gold or silver bullion, note or notes, bank bill or bills, bill or bills of exchange, &c. shall, on conviction, be punished by imprisonment and labor in the Penitentiary, for any time not less than two years, nor longer than seven.” Prince, 631.
The defendant is accused in the indictment, with embezzling, stealing, secreting and fraudulently taking and carrying away, one bank bill for the payment of five dollars, and of the value of five dollars, of the Central Railroad and Banking Company of Georgia, signed by the President thereof, R. R. Cuyler, and countersigned by the Cashier thereof, George J. Bulloch, while holding the office and employment of Cashier of the said Central Railroad and Banking Company of Georgia.
The defendant is also charged with embezzling, stealing, secreting and fraudulently taking and carrying away other denominations of the bills of said bank, to wit: ten dollar, twenty dol
There is nothing in the different counts which would have a tendency to embarrass him on his trial, or to deprive him of any legal right. The character of the offence is the same in all he counts, and he was entitled to the same number of peremptory challenges, in the selection of his Jurors, to try him upon each and every count in the indictment. The stealing the bank bills as the Cashier of the bank, after a trust delegated and confidence reposed, and stealing the same without being employed in any official capacity, constitutes the only difference. In any view of
By the 1st section of the 14th division of the Penal Code, the form of every indictmant or accusation is prescribed, including the commencement and the conclusion thereof. Prince, 658.
Whatever may have been the rule before the enactment of this Code by the Legislature, all indictments for offences under it
Having disposed of all the grounds of error assigned to the judgment of the Court below, contained in the record, it only remains for us to declare that judgment to be affirmed.
Judgment of the Court below affirmed.