Loomis v. State

Alfred Loomis and Guy Phelps were jointly informed against for the crime *507of embezzling a Ford automobile which had been entrusted to them by the Yellow Jacket Taxi Company. They were tried separately, convicted, and each given a sentence in the state prison. From the judgment against Loomis and the order denying his motion for a new trial, he appeals.

No demurrer to the information was interposed, but during the trial appellant objected to the introduction of any testimony in support of the information upon the following grounds:

First. That the information did not state a public offense under…