Bell v. State

Decided November 15, 1903

Supreme Court of Alabama · decided 1903-11-15

Tried before the Hon. William H. Thomas. The indictment under which the appellant in this case was tried and convicted, was in words and figures as follows : “The grand jury of said county charge that before the finding of this indictment Irving Bell being the clerk, agent or servant of W. M. Hudson & Company, a partnership composed of W. M. Hudson, L. Lasseter and B. P. Yarbrough, did embezzle or fraudelently convert to his own use money to about the amount of fifty dollars…

Cited by 2 later decisions — most recently December 1977

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1903-11-15

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DOWDELL, J. —

¶1The defendant was indicted for embezzlement under section 4660 of the Code. A demurrer was interposed to the indictment and was overruled by the court. This action of the court is the only question presented for consideration. The first ground of the demurrer challenges the sufficiency of the indictment in that it charges “that the defendant did embezzle or fraudulently convert,” etc. The second ground challenges the sufficiency of the indictment because the word fraudulently is spelled fraudelently. Both grounds are wholly without merit, and the trial court committed no error in its ruling.

¶2Affirmed.