People v. Showalter

Defendant, who was a receiver appointed by the trial court, was indicted by the grand jury on six separate counts for the commission by him of the “crime of embezzling public moneys, in violation of section 424 of the Penal Code”. A detimrrer to the indictment was sustained and the action “dismissed” by order of the trial court. The plaintiff has appealed “from a judgment for the defendant on the demurrer and the order of dismissal”.

The pertinent portion of section 424 of the Penal Code, under the provisions of which defendant was indicted, is as follows:

“Each officer of this state, or of any…