Wooddell v. Territory of Arizona
Court of Appeals for the Ninth Circuit
In Error to the Supreme Court of the Territory of Arizona. R. D. Wooddell was convicted of embezzlement, and he brings error. The plaintiff in error was convicted of the crime of embezzlement under an indictment which charges that on or about March 1, 1909, iu the county of 'Pima, territory of Arizona, “being then and there intrusted by one Anna Duncan with a certain sum of money, to wit, 31,000, lawful money of the United States of America, and intrusted to the said It.
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In Error to the Supreme Court of the Territory of Arizona. R. D. Wooddell was convicted of embezzlement, and he brings error. The plaintiff in error was convicted of the crime of embezzlement under an indictment which charges that on or about March 1, 1909, iu the county of 'Pima, territory of Arizona, “being then and there intrusted by one Anna Duncan with a certain sum of money, to wit, 31,000, lawful money of the United States of America, and intrusted to the said It. D. Wooddell as aforesaid for the use of her, the said Anna Duncan, and the said R. D. Wood-dell then and there, and on or…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] It is assigned as error that the Supreme Court of Arizona affirmed the decision of the trial court in overruling a demurrer which was interposed to the indictment because of uncertainty and indefiniteness, and it is urged that the demurrer should have been sustained for the reason that the indictment does not define any trust nor set out any facts constituting the trust. The indictment is brought under section 460 of the Penal Code of Arizona of 1901, which provides:
“Every broker, agent or person otherwise intrusted with or having in~his . control…
2Cases cited7 opinions
- Bulloch v. StateSupreme Court of Georgia · 1851
- Bridges v. StateSupreme Court of Georgia · 1897
- De Leon v. Territory of ArizonaArizona Supreme Court · 1905
- United States v. CampIdaho Supreme Court · 1886
- Govatos v. StateSupreme Court of Georgia · 1902
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