State v. Thomes

Indictment for embezzlement. General demurrer. Demurrer overruled. Exceptions taken. Right to plead anew reserved.

Indictment contains forty-two counts. Fourteen distinct acts of embezzlement are charged, each under three counts. A consideration of the first three counts covers the case, the remaining counts *231being repetitions of these three so far as legal form is concerned. The demurrer, being general, cannot be sustained if any one of the counts is sufficient.

The three counts must be considered separately.

First Count. Based on section 10, chapter 122 R. S. This count appears to contain all…