Dunn v. State

• Decision Date: 12 December 1928
• Citation: 96 Fla. 766,119 So. 330
• Parties: DUNN v. STATE.
• Court: Florida Supreme Court

119 So. 330

96 Fla. 766

DUNN v. STATE.

Florida Supreme Court, Division A.

December 12, 1928

Error to Circuit Court, Manatee County; W. T. Harrison, Judge.

Arthur Dunn was convicted of embezzlement, and he brings error.

Affirmed.

Syllabus by the Court

SYLLABUS

Agent appropriating funds received for principal held guilty though claiming funds were retained to obtain settlement of another matter. D., acting as real estate agent for B., sold lands to K. and received $1,500 on account of the purchase price. D.'s commission was to have been $204. Deducting the amount of his commission, he gave B. a check some weeks later for the sum of $1,296. The check was not paid because of insufficient funds to the credit of D. Held, that D. was guilty of embezzlement of the money, which he had appropriated to his own use by not keeping the same in the bank to meet and pay the check drawn against it by him and given to B.

COUNSEL

C. L. Hilton, of Bradenton, for plaintiff in error.

Fred H Davis, Atty. Gen., and Dewey A. Dye, State's Atty., of Bradenton, for the State.

OPINION

ELLIS C.J.

Arthur Dunn was indicted for embezzlement alleged to have been committed in November, 1925. The indictment was filed in March, 1927. The amount alleged to have been embezzled was $1,296. The case was tried on March 24, 1927, on the plea of not guilty.

According to the stenographer's report of the trial, which was signed a year later by the judge, there was a verdict of guilty. A motion for a new trial was overruled and 90 days were allowed for settling a bill of exceptions. Judgment was entered April 2, 1927.

The writ of error was issued March 24, 1928.

The facts in the case are in substance as follows: In November 1925, the plaintiff in error, acting as real estate agent for S. P. Blount, sold a lot of land to a man named Kirkpatrick the price being $3,500, of which $1,500 was to have been paid in cash and a mortgage on the place given for the balance. A check was given by Kirkpatrick to Dunn for $1,500. Blount delivered the deed to Dunn to be delivered to Kirkpatrick on December 9th, who executed his mortgage for the balance. The check for $1,500 was delivered to Dunn on November 14th. His commission was to have been about $204. Two weeks afterwards he gave his check to Blount for $1,296. That check was not paid because of insufficient funds. About three weeks later Dunn gave Blount three checks, two for $400 each and one for $496. The latter check was paid. The two checks for $400 each were not paid because of insufficient funds. Later Dunn then gave Blount two checks, one for $300 and one for $500. The first was paid, but the...