State v. Breece
| Decision Date | 28 February 1934 |
| Docket Number | No. 361.,361. |
| Citation | 206 N.C. 92,173 S.E. 9 |
| Parties | STATE. v. BREECE. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Wake County; Cranmer, Judge.
A. B. Breece was convicted of embezzlement, and he appeals.
New trial.
The defendant was indicted for embezzlement in several bills of indictment which alleged that he had embezzled money amounting to approximately $1,100 from G. Sorenson, trading as Federal Adjustment Company, Spier & Company, Studebaker Watch Company, and Spiegel May Stern & Co. The causes were consolidated for trial. The evidence tended to show that G. Sorenson, the prosecuting witness, using several trade-names, had employed the defendant, a practicing attorney, to collect certain claims upon an agreement that the defendant should report all claims collected with authority to deduct 35 per cent. of such collections for his services. The evidence further tended to show that the defendant had not accounted for all claims collected. The defendant admitted that he had; received through Sorenson hundreds of claims for collection in various parts of the state; that he was required to do much traveling and that he was authorized to retain traveling expenses from the proceeds of collections. The defendant testified that he had embezzled nothing, and that in fact the prosecuting witness or the firms he represented owed the defendant approximately $3,000.
The cause was submitted to a jury and a verdict of guilty returned. Thereupon the defendant was sentenced to serve a term of approximately five years in the state's prison. From judgment pronounced the defendant appealed.
Jones & Brassfield, of Raleigh, and Dye Sc Clark, of Fayetteville, for appellant.
Dennis G. Brummitt, Atty. Gen., and A. A„ F. Seawell, Asst. Atty. Gen., for the State.
The evidence for the state tended to show that approximately two thousand accounts had been sent to the defendant for collection. The defendant contended that he had made many remittances direct to the concerns forwarding claims for which no credit had beengiven. The state's witness Sorenson testified: The defendant in apt time objected to the testimony of the witness with respect to entries in the books in the state of Pennsylvania. The objection was overruled, and the witness was permitted to testify that such books showed that the defendant was entitled to only $31.03 as commissions on direct remittances.
The objection should have been sustained. The books of account referred to were in a foreign state. The witness did not make the entries in the books, nor were they made under his control or...
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