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

D was the city clerk and tax collector. It was his duty to collect all money due the city, and make a record thereof and as clerk collect all money due the Talladega light and water commission. There was a shortage between the amount collected for the light and water commission and the amount deposited of about $2,300. There was evidence tending to prove the conversion of the $2,300 by the D before it was deposited in the banks to the credit of the city or to the light and water commission. There was testimony of a cash drawer in which one of the collectors for the city, after collecting the money due the city or the water company, would put it; and, when there was a sufficient amount, d would deposit it in the bank. D was prosecuted for larceny and convicted. D appealed.

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