People v. Knox

The defendant, having been convicted of the crime of grand larceny, appeals from the judgment and the order denying his motion for a new trial.

The information filed against the accused is in two counts, the first charging the crime of embezzlement in that he fraudulently converted to his own use an automobile, known as a “.Krit roadster,” the alleged property of one H. J. Beal, and in the second that he committed the crime of grand larceny in that he feloniously stole and carried away said automobile.

The point first called to our attention is that both counts of the information charge identically the same offense, viz., embezzlement, and that there is, therefore, no groundwork for the support of the verdict. This point, however, does not require consideration here, inasmuch as we have arrived at the conclusion that the evidence, as it is presented before us, shows that, if the defendant is guilty of any crime at all growing out of the transaction upon which this action against him is founded, it is that of embezzlement and not grand larceny.

Stating them as they were given at the trial by the prosecuting witness himself (H. J. Beal), the facts are substantially as follows:…