Ex parte Economu, 6 Div. 113.

CourtSupreme Court of Alabama
Citation211 Ala. 237,100 So. 85
Docket Number6 Div. 113.
Decision Date10 April 1924

100 So. 85

211 Ala. 237


6 Div. 113.

Supreme Court of Alabama

April 10, 1924

Rehearing Denied May 15, 1924.

Certiorari to Court of Appeals.

Petition of George Economu for certiorari to the Court of Appeals to review and revise the judgment and decision of said court in the case of Economu v. State, 100 So. 85. Writ denied.

Black, Harris & Foster and Nesmith & Garrison, all of Birmingham, for petitioner.

Harwell G. Davis, Atty. Gen., opposed.


The first count of the indictment charged the defendant with the larceny of $3,600 of money, and the third count charged him with the larceny of $3,700 par value of United States government bonds. [100 So. 86.]

The evidence for the state tended to show that the defendant and two other men went to the store of Sanchez, the prosecutor, and there sold and delivered to him 37 $100 bonds of the description charged, and received from him $3,600 in money in payment therefor; that the package of bonds was thereafter-at the same time and place-handled by defendant and one of the others severally; and that when they were about to go Sanchez called for the bonds, and one of the three handed him a package out of a grip, which when opened later contained nothing but worthless paper.

The trial judge instructed the jury that they could not convict the defendant under both counts, and that his offense, if guilty at all, would depend on whether the transaction was completed or not; that is, whether there was a delivery of the money to the defendant, or one of his associates, and a delivery of the bonds to Sanchez.

The jury convicted the defendant under the third count-for larceny of the bonds, and on appeal the Court of Appeals held that under the evidence the conviction was proper, and that the general affirmative charge for defendant was properly refused.

Defendant invokes this well-settled principle of law, viz.:

"If a person, with a preconceived design to appropriate property to his own use, obtains possession of it by means of fraud or trickery, the taking under such circumstances amounts to larceny, because in such cases the fraud vitiates the transaction, and the owner is still deemed to retain a constructive possession of the property, and the conversion of it is a sufficient trespass, or, as is sometimes said, the fraud or trick practiced on the owner is equivalent to a trespass." 17 R. C. L. 13, § 13, citing Frazier v State, 85 Ala. 17,

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9 cases
  • Eddy v. State, 6 Div. 369
    • United States
    • Alabama Court of Criminal Appeals
    • 20 Diciembre 1977
    ...578, 93 So. 347, reversed on other grounds; Gullatt v. State, 24 Ala.App. 11, 130 So. 169, reversed on other grounds; Ex parte Economu, 211 Ala. 237, 100 So. 85; Williams v. State, 19 Ala.App. 472, 98 So. 136; Poole v. State, 28 Ala.App. 37, 178 So. 238. It is recognized that in the latter ......
  • Reynolds v. State, 6 Div. 941.
    • United States
    • Alabama Court of Appeals
    • 30 Junio 1943
    ...feloniously converts it pursuant to such intent." There is cited in support of the said quotation the Alabama cases of Ex parte Economu, 211 Ala. 237, 100 So. 85, citing R.C.L.; Illinois Auto Ins. Exch. v. Southern Motor Sales Co., 207 Ala. 265, 92 So. 429, 24 A.L.R. 734; Verberg v. State, ......
  • Murchison v. State, 5 Div. 224.
    • United States
    • Alabama Court of Appeals
    • 11 Junio 1946
    ...Motor Sales Co., 207 Ala. 265, 92 So. 429, 430, 24 A.L.R. 734. See also, 32 Am.Jur. pp. 915 and 916; 17 R.C.L., p. 13; Ex parte Economu, 211 Ala. 237, 100 So. 85; Verberg v. State, 137 Ala. 73, 34 So. 848, 97 Am.St.Rep. 17. Confusion and difficulty sometimes arise in an effort to distinguis......
  • Mills v. State, 4 Div. 664
    • United States
    • Alabama Court of Criminal Appeals
    • 19 Diciembre 1978
    ...282; Reynolds v. State, 31 Ala.App. 259, 15 So.2d 600; Certiorari denied, 245 Ala. 47, 15 So.2d 605; Economu v. State, 19 Ala.App. 570, 100 So. 85; McKinney v. State, 12 Ala.App. 155, 68 So. 518; Howell v. State, 28 Ala.App. 249, 182 So. 96; Murchison v. State, 32 Ala.App. 427, 26 So.2d 622......
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