114 P. 476 | Or. | 1911
delivered the opinion of the court.
“We, the jury duly impaneled in the above-entitled court and cause, find the defendant W. C. Morris guilty as charged in the indictment and find the value of the property embezzled to be $75,000, in notes.
[Signed] J. F. Hill, foreman.”
Manifestly the effect of this verdict finding him guilty of the embezzlement of $75,000 worth of notes would operate as an acquittal of the embezzlement of $50,000 in cash. At least, the defendant could plead the judgment rendered on this verdict in bar of a subsequent prosecution for embezzling this particular sum of $50,000. Conceding, without deciding, that the duplicity alleged appears in the evidence so that he stood charged with one crime of embezzlement of notes amounting to $75,000 and another embezzlement amounting to $50,000 in money, yet such duplicity was cured by the acquittal of the latter charge: State v. Miller, 24 Conn. 522; State v. Merrill, 44 N. H. 624.
“That is a copy of a statement that we got out at that time, if that is what you want.”
He further testified that such statements were generally gotten up by the bookkeeper or assistant cashier; that the defendant approved this one; that his name was probably signed to it on a typewriter by the stenographer; that it was gotten up just to publish and was published with his approval; and that he had charge of the advertising.
The question then is: Did the court abuse its discretion under all the circumstances? The judge of that court had before him all the evidence in the case. He had under consideration a juror whose integrity was apparent and under these circumstances, we cannot fairly or properly say that the court abused its discretion in denying a new trial.
The judgment is affirmed. Affirmed.