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ESDALE v. STATE

6 Div. 359.

68 So.2d 512 (1953)

ESDALE v. STATE.

Court of Appeals of Alabama.

On Rehearing February 17, 1953.

Attorney(s) appearing for the Case

Crampton Harris, Birmingham, for appellant.

Si Garrett, Atty. Gen., W. Emmett Perry, Sol., Birmingham, J. W. Arbuthnot, Asst. Atty. Gen., and Marvin Cherner, Birmingham, of counsel, for the State.

PRICE, Judge.

The indictment contained three counts charging (1) embezzlement; (2) false pretense; (3) grand larceny. The false pretense count was nol prossed on motion of the Solicitor. Conviction was for embezzlement, the jury assessing the value of the property embezzled at $65.20.

This verdict operated as an acquittal as to the larceny count. Brewer v. State, 83 Ala. 113, 3 So. 816; Cowart v. State, 16 Ala.App...

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