Roan v. City of Hattiesburg

Citations

• 112 Miss. 269
• 72 So. 1005

Syllabus

<p>1. Embezzlement. Offense. Sufficiency of evidence. Statement of owner.</p> <p>In a prosecution of a hack-driver for embezzlement under an affidavit charging that he received a two dollar bill of a patron and returned change for only one dollar and refused on demand to pay the patron the sum of one dollar, the court held that the evidence as set out in the opinion was insufficient to convict.</p> <p>2. Same.</p> <p>In such case the fact that the patron afterwards told the defendant that he had given him the two dollar bill by mistake is immaterial, for the reason that defendant in so far as the criminal law is concerned, was under no duty to accept his unsupr ported statement and pay him the money claimed on the faith of it.</p>