C. P. Coughlan v. United States

Coughlan appeals from a judgment convicting him of several embezzlements in violation of Section 65-5-61 of the Alaska Compiled Laws, making felonies of such embezzlement. The pertinent sections of the indictment are:

The Government contends that the evidence shows that the administration of Mr. Donhauser was of an estate in probate and that appellant had in fact been employed by Mr. Donhauser as attorney for the estate. Section 65-5-61 provides that such a felonious embezzlement must be by “any officer, agent, clerk, employee, or servant of any private person or persons, copartnership, or incorporation”.

Coughlan contends (a) that an estate in probate is not a “private person” within the strict construction of the words “private person or a copartnership”; (b) that the indictment describes him as employed as an attorney at law acting under “a power of attorney in fact as an incident to such employment to withdraw and disburse estate funds” whereas it is admitted that no funds were withdrawn under such power of attorney which was given him; (c) that the court, in effect, amended the indictment by instructing the jury to ignore its charges that he acted under a power of attorney;…