114 Ga. 544 | Ga. | 1902
Applying the principle announced in the headnote to the evidence in this case, the verdict of guilty therein rendered was contrary to law, and a new trial is accordingly ordered. Briefly stated, the facts are as follows: Yates entrusted to Chapman five dollars with which to buy produce, with the understanding that the latter was to thus use the money, and divide with Yates the profits realized from sales of the produce. Chapman invested the money thus received in a wagon-load of plums. A customer purchased from Chapman twenty-five cents worth of the fruit and handed him a five-dollar bill, from which he was to take out the price of the purchase and return the change. Mobley was a servant of Chapman, working for him for wages. Chapman took the bill received from the customer and handed it to Mobley with instructions to go off, get it changed, and bring back the change. Instead of so doing, Mobley fraudulently appropriated the bill to his own use and did not return at all.
Upon this state of facts, Mobley was guilty, not of simple larceny, but of larceny after a trust delegated. His conviction of the former offense can not, therefore, legally stand. The solicitor-general relied upon the decision of this court in Finkelstein v. State, 105 Ga. 617. It was there held: “Where a purchaser of goods
Judgment reversed.