State v. Mitchell

The opinion of the court was delivered by

Burch, C. J.:

Defendant was prosecuted for embezzlement. The jury returned a verdict of guilty. The district court granted a new trial. The state appealed, and defendant gave notice of a cross-appeal.

Defendant was cashier of the department of public works of the city of Wellington, and had charge of the collection of accounts of customers of the city water, light and power plants. Audits of the department indicated funds were missing. On January 11, 1933, a complaint was filed, charging defendant with embezzlement. A warrant was issued, a preliminary…