100 Ala. 61 | Ala. | 1893
This is a prosecution for embezzlement. The indictment contains two counts. The first count charges that defendant, being the agent of one Holcombe, embezzled certain described evidences of debt belonging to his principal, and which had come to defendant’s possession by virtue of his employment as such agent. The second count charges the defendant, being the agent of Holcombe, with the embezzlement of certain money of his principal, which had come into his possession by virtue of his employment as such agent. On the trial it was shown without conflict that “the evidences of debt” charged by the first count to have been converted were what are commonly known as “labor tickets” or “labor checks,” which had been issued by the Elliott Oar Company, through its timekeeper to the defendant, John St. Olair, in payment of, or to evidence, amounts due to him from the company for labor performed by him for it. The following is a copy of one of said tickets, and the others involved here are substantially the same, for all the purposes of the questions arising in regard to tlrem: “The Elliott Oar Company. On the 10th day of April, 1892, pay to John St. Olair (not transferable) ten & 62-100 dollars, ($10.62), less amount punched in margin, in full payment for his wages, week ending Friday, Mar. 25, 1892. T. R. Simmons, Timekeeper. ' To Treasurer of the Elliott Oar Company, Gadsden, Ala. No. 30,785.” Five of these tickets, aggregating $72.31, being thus issued to, and in the hands of, St. Olair. he undertook to sell them to Holcombe, and did deliver them to him to that-end, and received an agreed consideration for them. At their maturity Holcombe put them in the hands of St. Olair to be by him collected from the company for and on account of Holcombe, to whom the proceeds were to be paid by St. Olair immediately upon the latter’s receipt thereof from the company. St. Olair collected the money due on the tickets, and delivered them up to the company, whereupon the word “Cancelled” was written across the face of each of them by an officer of the company; but the defendant failed to account for or pay over the proceeds to Holcombe, and absconded. This money—the proceeds of said “evidences of debt”—is the $72.31 alleged'in the second count of the indictment to have been embezzled by the defendant. These tickets or “evidences of debt” were merely orders on the treasurer of the car company- to pay certain sums to John St. Olair only, or
Beversed and rendered.