Burns v. State

ON STATE’S MOTION FOR REHEARING.

GRAVES, Judge.

Appellant was charged with embezzlement of the funds of Cleotha Sellers, as his agent. The testiony is clear that he was not the agent of Cleotha Sellers, and no duties had devolved upon him as such agent. There was an agency developed upon the part of appellant, but none for the person alleged in the indictment.

We think the original opinion herein is correct, and the motion will, therefore, be overruled.