State v. Totten
Indiana Supreme Court
From Spencer Circuit Court; Elbert M. Swan, Judge. Prosecution by the State of Indiana against Homer E. Totten. Judgment of acquittal, and the State appeals on reserved questions.
1Opinion of the CourtCox, C. J.
— Appellee was charged, by indictment returned by the grand jury September 10, 1914, with having, as guardian of his minor daughter,' on May 4, 1914, embezzled the funds of his trust to the amount of $1,969.90. To this indictment he was arraigned and pleaded not guilty. After this, on May 5, 1915, the prosecuting attorney by leave of the court filed an affidavit containing what was *581termed an amended charge against appellee of embezzling the same sum of money. To this latter charge appellee also entered a plea of not guilty, and upon it he was placed on trial and acquitted. The prosecuting…
2Cases cited1 opinion
- Gleason v. CarrIndiana Supreme Court · 1916