Cole v. State

Supreme Court of Alabama

Cole v. State

67 So. 2d 68, 259 Ala. 517, 1953 Ala. LEXIS 345

CourtSupreme Court of Alabama

DecidedAugust 11, 1953

Docket4 Div. 756

StatusPublished

Cited by2 cases

This text of 67 So. 2d 68 (Cole v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cole v. State, 67 So. 2d 68, 259 Ala. 517, 1953 Ala. LEXIS 345 (Ala. 1953).

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Opinion

LAWSON, Justice.

William D. Cole was convicted in the circuit court of Covington County of the crime of embezzlement. On appeal to the Court of Appeals, the judgment of conviction was affirmed.

• Cole has filed in this court his petition for writ of certiorari to review and revise the opinion and judgment of the. Court, of Appeals. ■

We are of the opinion that the writ should be denied. However, our agreement with the holding of the Court of Appeals that the trial court did not err--in denying Cole’s motion to exclude the evidence is on the ground stated by that court, that the evidence was sufficient to support an inference that Cole placed the endorsement of Andalusia Seed Company on the check in Covington County. We withhold an expression of opinion as to the correctness of the apparent holding of the Court of, Appeals that venue was in Covington County because Cole was under a duty to account to his principal in that county. In some of the cases cited by the Court of Appeals in support of that holding it appears that the defendant was indicted under a statute similar to our § 143, Title 14, Code 1940, which statute, according to our understanding, is not involved in the case at hand.

Writ denied.

LIVINGSTON, C. J., and SIMPSON, GOODWYN and MERRILL, JJ., concur.

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LAWSON, Justice.

William D. Cole was convicted in the circuit court of Covington County of the crime of embezzlement. On appeal to the Court of Appeals, the judgment of conviction was affirmed.

• Cole has filed in this court his petition for writ of certiorari to review and revise the opinion and judgment of the. Court, of Appeals. ■

We are of the opinion that the writ should be denied. However, our agreement with the holding of the Court of Appeals that the trial court did not err--in denying Cole’s motion to exclude the evidence is on the ground stated by that court, that the evidence was sufficient to support an inference that Cole placed the endorsement of Andalusia Seed Company on the check in Covington County. We withhold an expression of opinion as to the correctness of the apparent holding of the Court of, Appeals that venue was in Covington County because Cole was under a duty to account to his principal in that county. In some of the cases cited by the Court of Appeals in support of that holding it appears that the defendant was indicted under a statute similar to our § 143, Title 14, Code 1940, which statute, according to our understanding, is not involved in the case at hand.

Writ denied.

LIVINGSTON, C. J., and SIMPSON, GOODWYN and MERRILL, JJ., concur.

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Bluebook (online)

67 So. 2d 68, 259 Ala. 517, 1953 Ala. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cole-v-state-ala-1953.

Opinion

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