State v. Hoff
North Dakota Supreme Court
Defendant, convicted of embezzlement, appeals from the judgment of the District Court of Mountrail County, F. E. Fisk, J. The information is insufficient for the reason that the charging clause or part is in recital form. No bailment is alleged. No demand for the return of the property is alleged. No conversion alleged. No fiduciary capacity is pleaded, and no trust relation shown. The information is bad for duplicity.
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Defendant, convicted of embezzlement, appeals from the judgment of the District Court of Mountrail County, F. E. Fisk, J. The information is insufficient for the reason that the charging clause or part is in recital form. No bailment is alleged. No demand for the return of the property is alleged. No conversion alleged. No fiduciary capacity is pleaded, and no trust relation shown. The information is bad for duplicity. State v. Messenger, 58 N. IT. 348; State v. Palmer, 32 La. Ann. 565; 7 Enc. PL & Pr. 418; People v. Tryon, 4 Mich. 665; State v. Earrington, 59 Minn. 147, 28 L.R.A. 395, 60 N.…
1Opinion of the CourtGoss, J.
Defendant, convicted of embezzlement, appeals. The first error assigned is based on objection to all testimony on the ground that the information is insufficient to charge embezzlement. The information was not assailed by demurrer. It will be assumed that the question of sufficiency of the information to charge embezzlement is raised under § 10,745, Comp. Laws 1913. The information recites that defendant “did commit the crime of embezzlement, committed as follows, to wit: that at said time and place the said J. C. Hoff then and there having in his possession and under his control property of…
2Cases cited14 opinions
- People v. WardCalifornia Supreme Court · 1901
- State v. BickfordNorth Dakota Supreme Court · 1913
- Keys v. StateSupreme Court of Georgia · 1900
- Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890
- State v. Blackley.Supreme Court of North Carolina · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. BoweNorth Dakota Supreme Court · 1928
- State v. CarterNorth Dakota Supreme Court · 1923
- State v. ChambersNorth Dakota Supreme Court · 1938
- State v. HastingsNorth Dakota Supreme Court · 1926
- Black Diamond Fuel Co. v. BillsteinNorth Dakota Supreme Court · 1935
2 more not listed; retrieve them via the Exa API.