100 Mich. 512 | Mich. | 1894
The original complaint and warrant charged the respondent, the treasurer of the township of Edenville, with the embezzlement of $562.32 on or about the 2d day of January, 1891. The respondent waived an examination before the justice, and entered into a recognizance for his appearance in the circuit court for trial. An information was filed, which, upon motion in behalf of the respondent, was quashed. By leave of the court, an amended information was filed, and a motion to quash it was overruled. Upon the refusal of the respondent to plead thereto, a plea of not guilty was entered. Upon the trial, the respondent introduced no evidence, and was found guilty of the embezzlement of $425.32.
Upon the record as it is, we find no error, and the conviction is affirmed. It does not appear whether sentence has been imposed. If it has not, the record will be remanded, and the court below directed to proceed to judgment.
How. Stat. § 739, provides that the township clerk “ shall open and keep an account with the treasurer of his township, and shall charge such treasurer with all funds which shall come into his hands by virtue of his office, and shall credit him with all moneys paid out by him on the order of the proper authorities of the township, and shall enter the date and amoimt of all vouchers in a book kept by said clerk in said office.”