112 So. 575 | Fla. | 1927
In this case the plaintiff in error and one Mose Pinkney were jointly informed against. The information *707
charged them in one count with embezzlement and in the other with larceny. There was a severance granted, and at the close of the State's evidence on the trial of plaintiff in error, he moved the court for an instructed verdict on both counts. The Court granted the motion as to the larceny count. The plaintiff in error was convicted and sentenced on the embezzlement count. The chief distinction between larceny and embezzlement lies in the character of the acquirement of possession of the property. See Sykes v. State,
We are satisfied that there was no miscarriage of justice in this case, and the judgment of the Court below is affirmed.
Affirmed.
ELLIS, C. J., AND STRUM, J., concur.
WHITFIELD, P. J., AND TERRELL AND BUFORD, J. J., concur in the opinion. *709