State v. . Eubanks

Stacy, 0. J. There is evidence on behalf of the State, from which the jury could and did find: (1) That on 4 October, 1926, the defendant, C. E. Eubanks, was the agent of the prosecutor, John Smith, and charged with the duty of selling, on the Greenville market, a load of tobacco and receiving the price therefor, the property of his principal; (2) that he did in fact receive such money amounting to $110; (3) that he received it in the course of his employment; and (4) that he intentionally and wrongfully converted it to his own use, knowing that it was not his own. *320 Tbis evidence was sufficient to constitute tbe crime of embezzlement, bence tbe case was properly submitted to tbe jury. S. v. Gulledge, 173 N. C., 746; S. v. Long, 143 N. C., 674; S. v. Connor, 142 N. C., 708; S. v. Summers, 141 N. C., 843; S. v. Blackley, 138 N. C., 620. Tbe motion for judgment as of nonsuit, made under C. S., 4643, was properly overruled. No error.