State v. Wooten

This is an appeal by the State of Arizona from an order granting A. A. Wooten, convicted of the crime of embezzlement, a new trial.

The record discloses that on February 24th, 1926, the trial of the defendant, Wooten, came on for hearing and that after the jury was impaneled and sworn and the information read, the county attorney began his opening statement with the remark that the information charges that the defendant embezzled the sum of $437 of the property of one Ruth Russell. Thereupon the attorney fo.r the defendant objected upon the ground that the information did not allege that the…