Bustamante v. People

Plaintiff in error to whom we refer as defendant was county clerk and recorder of Las Animas County, and was indicted upon a charge of converting to his own use public funds received by him in his official capacity. Trial to a jury resulted in his conviction and sentence to the state penitentiary for not less than five nor more than seven years. Motion for a new trial was overruled and defendant is here on a writ of error seeking reversal.

The statute upon which the indictment was based, C.R.S. 1953, 40-19-3, reads as follows:

“If any officer appointed or elected * * * as an officer *. * * of…