Description - The Encyclopedic Digest of Alabama Reports Volume 5; Being a Complete Encyclopedia and Digest of All the Alabama Case Law Up to and Including Volume 175, Alabama Reports, Volume 6, Alabama Appellate Court Reports, and Volume 62, Southern Reporter by Thomas Johnson Michie
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 Excerpt: ...of "certainty to a common inten " Noble v. State, 59 Ala. 73. Judicial Notice of Face Value.--When the indictment alleges the embezzlement of "eighty dollars in money, consisting of ten-dollar bills and twenty-dollar bills, currency of the United States of Amer ica, a more particular description of which is unknown to the grand jury," no averment or proof of the value of the money is necessary, since the court judicially knows that such bills are worth their face value. Gady v. State, 83 Ala. 51, 3 So. 429; Grant v. State, 55 Ala. 201; Duvall v. State, 03 Ala. 12; Sands v. State. 80 Ala. 201. 24. Ownership of Property. "It has been held, under general statutes of embezzlement, that it is unnecessary for the indictment to aver ownership of the property as a fact separate and distinct from the necessary inference of such ownership based on the relation of principal and agent, and the fact that the property embezzled came to the servant's possession by virtue of his employment; but, if alleged, it must be proven strictly. Washington v. State, 72 Ala. 272. So under this statute, if the relation of officer, agent, clerk, or servant, towards the bank, be averred, it satisfies the statute; the bank is to be regarded as the owner of the money, property, or effects embezzled, whether the same came into its possession by general or specific deposit. Moreover, the indictment follows the form prescribed by law, and was properly sustained. Code 1886, 4899. and form No. 39; Huffman i'. State, 89 Ala. 33, S So. 28; Lowenthal v. State, 32 Ala. 589." Reeves v. State, 95 Ala. 31, 11 So. 158, 162. Code, 3796, prescribes a penalty for any bank officer who "embezzles or fraudulently converts to his own use any money belong...
Buy The Encyclopedic Digest of Alabama Reports Volume 5; Being a Complete Encyclopedia and Digest of All the Alabama Case Law Up to and Including Volume 175, Alabama Reports, Volume 6, Alabama Appellate Court Reports, and Volume 62, Southern Reporter by Thomas Johnson Michie from Australia's Online Independent Bookstore, BooksDirect.
A Preview for this title is currently not available.
Checking availability...
