State v. Schmitt

The opinion of the court was delivered by

Hutchison, J.:

The defendant in this action appeals from a conviction of embezzlement and sentence thereon, assigning as errors *465the overruling of his motion for discharge at the close of the state’s testimony, the admission of incompetent testimony and the refusal to instruct the jury for his acquittal.

He was charged with the crime of embezzling and converting to his own use one certain negotiable promissory note and the proceeds thereof, both of the value of $3,000, belonging to Peter J. Graber, the defendant then and there being the agent of said…