People v. Donachy

Patrick L. Donachy appeals from his conviction of violation of section 18-8-407, C.R.S. 1973, embezzlement of public property. Defendant challenges, inter alia, the sufficiency of the indictment. We find the indictment to be fatally defective and therefore reverse the judgment of conviction. The other issues raised on appeal thus need no discussion.

I

The indictment returned against this defendant stated:

“That between the dates of January 15, 1976, and March 20, 1976, within the County of Las Animas, State of Colorado, Patrick L. Donachy, a public servant in possession of public moneys and…