Durbin v. State

Plaintiff in error was indicted for embezzling the total sum of $2,000 between November 1, 1922, and December 6, 1924. The case was tried to a jury, and a general verdict of guilty was returned, the pertinent part of which reads: “Do find that the prisoner at the bar is guilty as charged in the indictment.”

The first error complained of is that the verdict of the jury is insufficient and contrary to law, because the jury failed to find the amount embezzled by defendant, as provided in Section 13691, General Code, which reads as follows:

“When an indictment charges an offense against property by…