State v. Small

*210The opinion of the court was delivered by

Horton, C. J.:

At the May term, 1881, of the district court of Sedgwick county, the defendant was tried, found guilty, and sentenced to the state penitentiary for the term of three years. The statute under which this prosecution was had is § 90, eh. 31, Comp. Laws of 1879, which reads:

“ If any carrier or other bailee shall embezzle or convert to his own use, or make way with or secrete with intent to embezzle or convert to his own use, any money, goods, rights in action, property or valuable security, or other effects, which shall have been delivered to…