Hamilton Circuit Court March 6, 1909 (Orebaugh v. State)

The plaintiff in error was indicted under Section 6842, Revised Statutes, for embezzlement .as agent, whereas the proof showed his employment as attorney at law, and the receipt of the money in that capacity. A motion was made at the conclusion of the evidence to instruct the jury to return a verdict for the accused on the ground of such variance.