State v. Ezzard

Citations

• 40 S.C. 312
• 18 S.E. 1025
• 1894 S.C. LEXIS 155

Syllabus

<p>1. An Exception shown by the record to be based upon an erroneous statement of an undisputed fact, overruled.</p> <p>2. Charging Juries. — There was no error on the part of the trial judge in stating to the jury in very general terms the several steps of the law in its advance towards the crime of breach of trust with fraudulent intent, with which the defendant here was charged, where his honor followed up these observations with a correct definition of the crime involved.</p> <p>3. Agency. — Where the uncontradicted testimony shows that defendant was employed under authorized agents of II. to procure a recovery of lands, and that defendant secured an offer for the purchase of these lands and falsely submitted it to H., the judge did not err in charging the jury that defendant was the trusted agent of H., to ascertain as to these lands and secure bids.</p> <p>4. Charge on Pacts. — The recital by the judge in his charge to the jury of the uncontradicted testimony in the case is not a constitutionally inhibited charge on the facts.</p> <p>5. Agency — Property op Principal. — Where defendant was employed by agents of H. to ascertain as to the lands of H., and while in such employment received §2,500, to be taken to II. and offered for these lands, and defendant offered §800 as all that could be obtained for these lands, and H. received the §800 and executed deed to the person who had made the offer of §2,500, reciting a larger consideration at defendant's instance, all the money in excess of §800 retained by defendant was money in his hands as the agent of H., belonging to H.</p> <p>6. Ibid. — Ibid.—If defendant, while acting for H. in a certain transaction, received out of that same transaction money which he knew belonged to H., it is immaterial that his accomplice,'who handed him this money, testified that it was not given to defendant to be paid to H.</p> <p>1. Criminal Breach op Trust. — .Where an agent receives and retains money which he knows belongs to his p