State v. McFarlin
Nevada Supreme Court
Appeal from Eighth Judicial District Court, Churchill County; T. C. Hart, Judge. George B. McFarlin was convieted of embezzlement, and from the judgment, and denial of his motion for new trial, he appeals. The facts stated in the information do not constitute a public offense. The information attempts to bring the case within the provisions of section 6653, Revised Laws, but lacks the necessary allegations for that purpose.
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Appeal from Eighth Judicial District Court, Churchill County; T. C. Hart, Judge. George B. McFarlin was convieted of embezzlement, and from the judgment, and denial of his motion for new trial, he appeals. The facts stated in the information do not constitute a public offense. The information attempts to bring the case within the provisions of section 6653, Revised Laws, but lacks the necessary allegations for that purpose. The gist of the offense, in so far as agents, managers, and employees are concerned, is the unlawful conversion to their own use of money entrusted to them by their…
1Opinion of the Court
By the Court,
Coleman, J.:
Appellant was convicted in the district court upon the charge of embezzlement, and appeals from the judgment, and from the order denying a motion for a new trial.
It was urged in the trial court that the information does not charge an offense, and the same objection is presented for our consideration. It is said that the information is bad, because (1) there is no allegation that the defendant was authorized to receive the money; (2) there is no allegation that the defendant was intrusted with the money by virtue of his employment; and (3) there is no allegation that…
2Cases cited17 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. RuefCalifornia Court of Appeal · 1910
- Horn v. StateWyoming Supreme Court · 1903
- Rudd v. . RobinsonNew York Court of Appeals · 1891
- People v. RowlandCalifornia Court of Appeal · 1909
12 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Nester v. StateNevada Supreme Court · 1959
- Garner v. StateNevada Supreme Court · 1962
- State v. TeeterNevada Supreme Court · 1948
- Bigpond v. StateNevada Supreme Court · 2012
- McMichael v. StateNevada Supreme Court · 1978
20 more not listed; retrieve them via the Exa API.