State v. Rush

The opinion of the court was delivered by

Burch, J.:

Defendant was prosecuted on an information charging embezzlement from A. W. Knisely and charging obtaining money from Knisely by false pretenses. Certain counts of the information were quashed, and a plea in abatement of the prosecution with respect to other counts was sustained. The state appeals.

Before stating the contents of the information, and the proceedings under it, it may be well to sketch composition of the embezzlement statute.

The embezzlement statute of 1868 provided that if any clerk, apprentice or servant of a private person or…