State v. Cater

STONE, Justice.

Convicted of grand larceny in the first degree, defendant appeals from the order denying his motion for a new trial.

His embezzlement occurred while defendant was the auditor of Cass county and ex officio agent for the state for the sale of game and fish licenses and collection of fees therefor. The information charges embezzlement, out of moneys received from that source, of the sum of $3,091.90. At the trial it ivas established that the actual amount was $1,701.10. No question is made that defendant was short on his fish and game moneys to that extent.

Having taken the money…