85 Fla. 402 | Fla. | 1923
On an indictment containing three .counts charging embezzlement, plaintiff in error was, after arraignment and plea of not guilty, put on trial. At the conclusion of the evidence for the State, the defendant offering .none, the jury was instructed to find him not guilty on the first count. The issue made by the plea of not guilty on the second and third counts was submitted to the jury. The verdict returned found the defendant guilty upon the second count but not guilty upon the third count. Sentence was imposed adjudging him guilty
The second count, omitting formal commencement and conclusion, is as follows:
“And the jurors aforesaid, upon their oath aforesaid, do further present and say, that thé S. I. Revell, late of the County of Liberty aforesaid, in the Circuit and State aforesaid laborer on the 2nd day of October, 1920, with force and arms at and in the County of Liberty aforesaid, being then and there a county officer, of the County of Liberty aforesaid, to-wit, Clerk of the Circuit Court of said County of Liberty, State of Florida, and whose duty it was to collect, receive and take into his possession monys due for the purchase and redemption of tax certificates belonging to the State of Florida, that is to say— for collections made by the said S. I. Revell, for delinquent and omitted State taxes, to the State of Florida, in said County of Liberty did by virtue of said office as Clerk of the Circuit Court of said County of Liberty and while such officer, to-wit: Clerk of the Circuit Court of said County of Liberty, collect, receive and take into his possession certain moneys due for the purchase and redemption of tax certificates belonging to the State of Florida, that is to say — for collections made by the said S. I. Revell for delinquent and omitted State taxes as aforesaid the property of the said State of Florida, at divers times between the 4th day of October, 1918, and the 2nd day of October, 1920, to-wit: the sum of Three Thousand Four Hundred Forty-two and 74/100 Dollars, of the value of Three Thousand Four Hundred Forty-two and 74/100 Dollars, a more particular description. of said moneys being to the Grand Jurors unknown, for and in the name of and on account of the said State of Florida, and of the property, goods, and chattels of the State of Florida, and*405 said moneys so as aforesaid, coming into his possession by virtue of his said office as Clerk of the Circuit Court for said County of Liberty, he the said S. I. Revell then and there to-wit: on the 2nd day of October, 1920, in the County of Liberty, State of Florida, did feloniously embezzle and fraudulently and feloniously convert to his own use the said sum of Three Thousand Four Hundred Forty-two and 74/100 Dollars, of the value of Three Thousand Four Hundred Forty-two and 74/100 Dollars, of the property, goods and chattels of the said State of Florida, a more particular description of said moneys being to the Grand Jurors unknown.” .
There was a motion to quash each count of the indictment, which was denied. The overruling of this motion was excepted to and is assigned as error. It is said in the first place, in support of this assignment, that the count upon which there was a conviction is so vague and indefinite that it charges no offense. This is one of the grounds of the motion to quash. This question in principle-has been decided by this court. In Black v. State, 77 Fla. 289, 81 South. Rep. 411, an indictment charging embezzlement against another officer of the same county in substantially and in all material respects the same language, was held sufficient as against a motion to quash on the same grounds. That decision is authority for the holding that the indictment in this ease is not so faulty in its allegations as to charge no offense. The other contention upon this branch of the case is that it appears that the embezzlement alleged, if any, occurred more than two years before the filing of the indictment and is, therefore, barred by the statute of limitations. The basis of this contention, as we understand it, is that according to the.allegations of the indictment the moneys embezzled were received by and taken into the possession of the defendant,
There was no error in denying the motion to quash nor in overruling the motion in arrest of judgment presenting’ the same question.
The only other question argued in the brief is the alleged insufficiency of the evidence to support the verdict. This question was presented to the trial court by a motion to set aside the verdict and grant a new trial.' The motion was denied and the ruling is assigned as error This motion, with the ruling upon it, is contained in the record proper. It is not in the bill of exceptions. In a number of cases this court has held that to enable an appellate court upon writ of error to review the ruling of a trial court denying a motion for new trial upon the ground that the verdict is not supported by the evidence, the motion and the exception to the ruling denying it must be
No reversible error being made to appear, the judgment is affirmed.