Jurzak v. State
| Decision Date | 08 May 1923 |
| Docket Number | 1 Div. 482. |
| Citation | 19 Ala.App. 290,97 So. 178 |
| Parties | JURZAK v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied June 26, 1923.
Appeal from Circuit Court, Washington County; Ben D. Turner, Judge.
Margaret Ronay Jurzak was convicted of embezzlement, and appeals. Affirmed.
Edward J. Grove, of Mobile, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
The first count of the indictment charged that defendant, while acting as an agent of Steve Despod, embezzled or fraudulently converted to her own use money to "about the amount" of $250, which came into her possession by virtue of her employment.
The second count charged embezzlement to "about the amount" of $50. The third count charged grand larceny.
The evidence of the state was directed to showing that the defendant acted as agent for Steve Despod for the purpose of purchasing certain real estate, that he sent money to her for this purpose, that she failed to purchase the property and embezzled or fraudulently converted to her own use the amount of money as set out in the first and second counts of the indictment, and that she took from a table, in the presence of Steve Despod, $50 belonging to him, as charge in the third count of the indictment.
Defendant contended that she corresponded with Steve Despod and became engaged to marry him, and that he sent her money, without specific instructions, that she was not acting as his agent at any time, nor did she embezzle any of his funds. The jury found the defendant "guilty as charged in the indictment."
It is insisted by counsel for appellant that counts 1 and 2 of the indictment were defective and insufficient, in failing to accurately describe the money or to aver that a more particular description was unknown to the grand jury, and that the trial court ex mero motu should have charged the jury that the defendant could not be convicted under either the first or second count. The indictment was in the form prescribed by the Code and was sufficient. Section 7161, Code 1907, form 49; 1 Mayfield's Digest, p. 422, § 11. An indictment charging the embezzlement of about a given number of dollars is sufficient. Lang v State, 97 Ala. 41, 12 So. 183; Huffman v State, 89 Ala. 33, 8 So. 28.
Defendant did not request in writing the general affirmative charge; the trial court did not err in failing to give it. Fuller v. State, 97 Ala. 27, 12 So. 392.
There was ample evidence...
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