Warmoth v. The Commonwealth
| Decision Date | 03 May 1883 |
| Citation | 81 Ky. 133 |
| Parties | Warmoth v. The Commonwealth. |
| Court | Kentucky Court of Appeals |
APPEAL FROM MEADE CIRCUIT COURT.
C. C. FARLEIGH AND LEWIS & FARLEIGH FOR APPELLANT.
P. W. HARDIN, ATTORNEY GENERAL, AND M. A. & D. A. SACHS FOR APPELLEE.
CHIEF JUSTICE HARGIS DELIVERED THE OPINION OF THE COURT.
The appellant was indicted, tried, and convicted of the offense of grand larceny, charged to have been committed by feloniously taking and carrying away $2,647.57 in United States currency and bank notes, the property of the Adams Express Company, W. B. Dinsmore, and others.
He has appealed, and his counsel insist that the facts proven make out a case of embezzlement, and not that of larceny, and that the court erroneously instructed the jury. Upon first consideration, we were of the opinion that the crime alleged had been proven, but that is a fact which the jury have the exclusive right to determine under proper instructions; consequently, the only point necessary to be decided is, whether the jury were rightly instructed, and not whether we believe the facts constitute grand larceny.
The Adams Express Company, a joint stock company, employed Shain as its local agent at Brandenburg.
Shain furnished a room and safe in which to deposit the money and valuable articles consigned to the company for transportation, and the appellant, as his clerk, by consent of the company, did the work, and transacted the business of the company for Shain, who gave a bond to the company as its agent. The appellant was doing business generally for Shain as his clerk, and, among other duties, he was required to attend to receiving and receipting for money and goods delivered to the Express Company for transportation, for which Shain paid him.
The evidence tends to show that the custom of the appellant was, when he received packages of money or other articles for the company, to deposit them in Shain's safe, and afterwards, when the steamboat came along, to deliver the money to the company's agent on the boat, and that he received and receipted for the money charged to have been stolen, and appropriated it to his own use and ran off.
The court instructed the jury, in substance, that if the appellant received or receipted for the money, either as agent or clerk of the agent of the express company, which was to transport it for hire, then the money was legally in the possession of the company, and if appellant took and carried it away with a felonious intent, he was guilty of...
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State v. Keelen
... ... to his own use without his master's consent." ... To the ... same effect, see Warmoth v. Commonwealth, 81 Ky ... 133, 135; People v. Burr, 41 How. Prac. (N. Y.) 293; ... Emmerson v. State, 33 Tex. Cr. R. 89, 25 S.W. 289, ... ...
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Shipp v. Patton
...intent, or removes goods from the shelves intending to steal them, he is guilty of larceny." See, also, on the same point, Warmoth v. Commonwealth, 81 Ky. 133. Admitting, however, the contention of appellant's that appellee's possession of the goods was such that, in taking and converting t......
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Shipp v. Patten
...intent, or removes goods from the shelves intending to steal them, he is guilty of larceny." See also, on the same point, Warmoth v. Commonwealth, 81 Ky. 133, 4 Ky. L R 937. Admitting, however, the contention of appellant's counsel that appellee's possession of the goods was such that, in t......
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Commonwealth v. Smith
... ... money or property of others intrusted to them, or placed in ... their hands for the purpose of being carried or delivered to ... another, without regard to the value thereof. See Johnson ... v. Commonwealth, 5 Bush, 430; Jackson v ... Commonwealth, 86 Ky. 1, 4 S.W. 685; Warmoth v ... Commonwealth, 81 Ky. 133. The facts constituting the ... offense are we think sufficiently stated in the indictment, ... and the court erred in sustaining the demurrer thereto ... ...