77 Cal. 120 | Cal. | 1888
This appeal is taken by the people of the state of California from an order made by the court below sustaining the defendant’s demurrer to the indictment filed against him.
An inspection of the indictment shows that it was attempted by it to charge the defendant with the crime of embezzlement. After stating that the defendant, as administrator of the estate of one Warren Polly, de
The fact, as charged in the indictment, that the defendant received into his hands as administrator the sum of $1,794, but in rendering his final account charged himself with only $1,700, does not, in the absence of all averments of other necessary inculpatory facts, constitute the crime of embezzlement; therefore, we advise that the order appealed from be affirmed.
Belcher, O. 0., and Hayne, 0., concurred.
For the reasons given in the foregoing opinion, the order is affirmed.