Tipton v. State

Citations

• 53 Fla. 69

Syllabus

<p>1. Motions to quash indictments and the ruling of the court-thereon form paTt of the record proper in a cause, and have no place in the bill of exceptions, and, when evidenced to an appellate court only by a bill of exceptions, such court can not consider them.</p> <p>2. The gist of the offense of embezzlement, under section 3311 of the General Statutes of 1906, is a breach o.-f trust, and the provisions of this section do not apply to appropriation of property by a person unless he held a relation of confidence or trust towards the owner, and had possession of the property by virtue of such relation, and converted it in violation of the trust reposed in him.</p> <p>3. A person may be a servant or agent de facto, an'd so be embraced in the statute punishing embezzlement. He need not be formally appointed as- such. It is enough, if he acts as servant or agent for another, and the other acquiesces. But one who is not lawfully the agent or servant of another and does not pretend or hold himself out to he such, and holds no relation of trust or confidence towards his alleged principal or master, is not within the terms of the statute.</p> <p>4. The evidence examined and found not sufficient to sustain a verdict of guilty.</p>