This section contains the nature of the case and procedural background.

D was employed to take the money from parking meters or coin boxes of a Memphis City parking lot. When a shortage was suspected, a police investigation was made. D failed to turn in all of the money which had been found to be in the boxes and was charged with embezzlement. D admitted he was taking the monies when arrested. D was indicted for embezzlement; fraudulent breach of trust; and larceny. At trial, D denied that he had taken any money wrongfully from the boxes. D introduced other evidence to show that other people had an opportunity to take money from the boxes. D also claimed that the officers did not advise him of his legal and constitutional rights, and he further said that he did not give them any statement. D was convicted and appealed.

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