Dunn v. State (96 Fla. 766, 1928)

Ellis, C. J.

Arthur Dunn was indicted for embezzlement alleged to have been committed in November, 1925. The indictment was filed in March, 1927. The amount alleged to have been embezzled was $1296.00. The case was tried on March 24, 1927, on the plea of not guilty.

According to the stenographer’s report of the trial, which was signed a year later by the judge, there was. a verdict of guilty. A motion for a new trial was overruled and ninety days were allowed for settling a bill of exceptions. Judgment was entered April 2, 1927.

The writ of error was issued March 24, 1928.

The facts in the case are in substance as follows: In November, 1925, the plaintiff ;in error acting as real estate agent for S. P. Blount sold a lot of land to a man named Kirkpatrick, the price being $3,500.00 of which $1,500.00 was to have been paid in cash and a mortgage on the place given for the balance. A check was given by Kirkpatrick to Dunn for $1,500.00. Blount delivered the deed to Dunn to be delivered to Kirkpatrick on December 9th, who executed his mortgage for the balance. The check for $1,500.00 was delivered to Dunn