114 Ga. 25 | Ga. | 1901
E. L. Hays was convicted of embezzlement. He excepted to the overruling of a demurrer to the indictment, and to the judgment overruling a motion for a new trial. The indictment and demurrer are set out in the reporter’s statement.
Nor do we think the indictment bad in that it failed to allege from what person Hays collected the money for the Whitley Grocery Company, which he is charged with having embezzled. In support of this ground of the demurrer, plaintiff in error relies upon Hoyt v. State, 50 Ga. 313. It was there ruled that under an indictment charging the accused with having received a certain sum of money to be applied for the use or benefit of the bailor, and that on a certain day.he fraudulently converted a specific portion thereof to his own use, evidence was not admissible that he had reported to the bailor special payments as made to particular persons, and that such payments had not in fact been made in the amounts so reported, or that no such persons ever existed. It was held that each of such fraudulent acts would be a crime, and proof thereof would be sufficient to sustain a conviction; and that the indictment should contain specific charges of such acts, to authorize the admission of evidence showing that they had been committed. It will be readily seen that the point there decided was entirely different from the one presented by the ground of the demurrer we are now considering. The question here is, whether- it was necessary for the indictment to set out the names of the persons from whom the accused received the money alleged to have been embezzled by him, while there it was decided that evidence of the commission of an offense not charged in the indictment was not admissible. In 7 Encyclopaedia of Pleading and Practice, 424, it is said: “ . . where
Judgment affirmed.