Eatman v. State

Citations

• 48 Fla. 21

Syllabus

<p>1. While in a criminal prosecution on an information for embezzlement, the defendant would be entitled to a bill of particulars upon proper application, an appellate-court will not disturb a ruling of the trial court denying a bare motion for a bill of particulars made “on the ground of the vagueness, indefiniteness and general way in which the charge of embezzlement was made in the information” when nothing is shown in support of the motion.</p> <p>2. An information in which it is charged that the defendant on July 15, 1903, in Volusia county, Florida, being then and there the agent and servant of the Doty & Stowe Company, a corporation, “did then and there by virtue of his said employment as such agent and servant, receive and take into his possession” certain designated property of a stated value “of the money, goods and chattels of said Doty & Stowe Company,” etc., followed by the allegation “and did afterwards, to-wit: then and there embezzle and fraudulently convert the same to his own use without the consent of the said Doty & Stowe Company,” etc., sufficiently alleges that the ownership of the property was in the Doty & Stowe Company at the time named in the information and at the time of the embezzlement or fraudulent conversion charged.</p> <p>3. In a prosecution for embezzlement a charge that if the jury believe from the evidence, and beyond a reasonable doubt, that the defendant within a named county of the State, being the agent and servant of the Doty & Stowe Company, a corporation, and by reason of his employment as such agent or servant of said company received and took into his possession a certain sum of money belonging to the said Doty & Stowe Company, as alleged and set forth in the information, and afterwards in the month of July, 1903, fraudulently converted or appropriated the same to his own use without the consent of the said Doty & Stowe Company, they will find the defendant guilty as charged, is sufficient as to the ownership of the pro