42 P. 1002 | Or. | 1895
Opinion by
The undisputed facts in the case are that in June, eighteen hundred and ninety-four, application was made to the County Court of Clackamas County for the appointment of a guardian for one E. W. Oressy, who was old, and feeble in mind and body, and incapable of taking care of himself. At this time Creasy, who was the owner of considerable property, was in possession of a certain promissory note in his favor for three hundred and seventy-five dollars, dated February sixteenth, eighteen hundred and eighty-nine, executed by F. F. Jancke and secured by a mortgage, but which had in fact been paid by one Broetje, who had purchased from Jancke the mortgaged premises, and, as a part of the consideration therefor, had assumed and agreed to pay the note in question, and for that purpose had become a party thereto. Soon after the
There are several other assignments of error discussed in defendant’s brief, but they proceed on the mistaken theory that the same rules as to the indictment and proof prevail in prosecutions for larceny by
Affirmed.
Section 1771 reads thus: “If any bailee, with or without hire, shall embezzle, or wrongiully convert to his own use, or shall secret with intent to convert to his own use, or shall fail, neglect, or refuse to deliver, keep, or account for, according to the nature of his trust, any money or property of another delivered or intrusted to his eare or control, and which may be the subject of larceny, such bailee, upon conviction thereof, shall he deemed gnilty of larceny, nnd punished accordingly.”
Section 1800 reads as follows: “If any person, being tbe trustee of any property for the benefit of another, or for any public or charitable use, shall, with intent to defraud, by any means convert the same,” etc.