People v. Potter
California Supreme Court
Appeal from the County Court of Santa Clara County. The defendant was indicted by the Grand Jury of Santa Clara County for the embezzlement of the moneys of the City of San José.
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Appeal from the County Court of Santa Clara County. The defendant was indicted by the Grand Jury of Santa Clara County for the embezzlement of the moneys of the City of San José. The charging part of the indictment was as follows, to wit: “The said Joel Potter is accused by the Grand Jury * * of the crime of embezzlement committed as follows: Said Grand Jury say that the City of San José, in the County of Santa Clara, State of California, was, on the 21st day of December, 1865, and for more than one year then last past had been, a municipal corporation, created and existing under and by…
1Opinion of the Court
By the Court, Sanderson, J.:
Two points are made in support of the demurrer to the indictment:
First—That there is a misnomer of the corporate body whose money is alleged to have been embezzled by the defendant, and that such misnomer is fatal.
Second—That the indictment does not state facts sufficient to constitute a criminal offense, because it is not alleged that the defendant was either a servant, or officer, or person employed in any public department of the corporate body whose money he is alleged to have embezzled.
Ordinarily, the first point would not arise upon demurrer to the…
2Cases cited1 opinion
- People v. McNealyCalifornia Supreme Court · 1861
3Cited by10 opinions
- People v. SheldonCalifornia Supreme Court · 1886
- Bode v. StateNebraska Supreme Court · 1907
- State v. BrownUtah Supreme Court · 1911
- State v. St. ClairIdaho Supreme Court · 1898
- Stoner v. City Council of Los AngelesCalifornia Court of Appeal · 1908
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