Smith, Peak v. State

Appellants were charged by indictment with conspiracy to commit a felony, to-wit: the embezzlement of public funds. They were convicted after a trial by jury. Appellants Smith and Peak were fined in the amounts of five thousand dollars ($5,000) and two thousand five hundred dollars ($2,500) respectively, and they were each sentenced for a term of 2-14 years. They appeal from the judgment.

Appellants first contend the court erred in overruling their motion to quash the indictment alleging the facts stated in the indictment did not constitute a public offense.

The indictment in question was as…