People v. Warner

Two indictments for embezzlement, charging similar violations of the same statute, were filed against defendant in error, hereinafter referred to as Warner. His motion to quash each, for the same reasons, was sustained. The district attorney, duly authorized thereto by statute, brings the cause here to review the judgment thereupon accordingly entered.

The statute provides a penalty of one to ten years imprisonment for a public servant who, feloniously or fraudulently, appropriates to his own use the property of any county “of whatever description it may be.” No value is mentioned. ’35 C.S.A.,…