State v. Sage
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. James M. Stevens, Judge. The defendant was prosecuted on a charge of embezzlement and convicted and sentenced for a term of from one to fourteen years in the state penitentiary. A secreting with intent to convert to one’s own use does not prove the offense under an information charging an actual embezzlement.
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APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. James M. Stevens, Judge. The defendant was prosecuted on a charge of embezzlement and convicted and sentenced for a term of from one to fourteen years in the state penitentiary. A secreting with intent to convert to one’s own use does not prove the offense under an information charging an actual embezzlement. (McAleer v. State, 46 Neb. 116, 64 N. W. 358.) In a prosecution for embezzlement, the evidence must clearly show the commission of the offense as charged and bring the act within the statute. (15 Cye.,…
1Opinion of the CourtSullivan, J.
The defendant was convicted of the crime of embezzlement and sentenced to a term in the state penitentiary for from one to fourteen years. The appeal is from the judgment and order denying a new trial. The jury found a general verdict of guilty and also found that the property alleged to have been embezzled was of the value of more than $60.
The record shows that the defendant was charged with having embezzled five certain checks belonging to the Bank *492of Shelley, a corporation doing a banking business at Shelley, Idaho. It is charged that the defendant, as assistant cashier and director of…
2Cases cited2 opinions
- State v. BaumhagerSupreme Court of Minnesota · 1881
- State v. BowerNew York Court of General Session of the Peace · 1898
3Cited by12 opinions
- State v. Van VlackIdaho Supreme Court · 1937
- State v. TauscherOregon Supreme Court · 1961
- Alabama Power Co. v. WhiteSupreme Court of Alabama · 1979
- State v. JesterIdaho Supreme Court · 1928
- State v. CarpenterIdaho Supreme Court · 1967
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