People v. Hubbard

Opinion

CUÉLLAR, J.

In this case we must determine the scope of liability under a criminal statute enacted in 1872 proscribing the misuse of public funds. Penal Code section 424 applies to ‘“[e]ach officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safekeeping, transfer, or disbursement of public moneys.” (Pen. Code, § 424, subd. (a) (section 424(a)).) Before us are two questions arising from this provision. The first is whether the statute applies to all public officers, or only to those ‘“charged with the receipt,…