Smith

Petitioner’s exceptions to the dismissal of his writ of error involve the construction of R. S. 1930, Chap. 131, Sec. 10 (now R. S. 1944, Chap. 119, Sec. 9), on the single point as to whether the words “or any part thereof” preclude the possibility of sentencing a defaulting executor under separate counts of a single indictment for two embezzlements from one estate.

The first sentence of the statute traces back directly to P. L. 1893, Chap. 241, although the closing words “and shall be punished accordingly” were added to the original language thereof in the statutory revision of 1903, infra,…