Graff

Defendant was informed against in two counts for the commission of the crime of embezzlement and in four counts for the commission of the crime of forgery. Under all of these counts the commission of the alleged offenses was stated to have been against the property and. rights of defendant’s husband, defendant having been a married woman at the time of the alleged wrongful acts. Defendant moved the trial court to set aside and quash the information and the motion was granted, defendant never having entered her plea to any of the six counts. The people appeal from the order granting the motion to set aside and quash.

The point offered in support of the motion made in the trial court, and the sole point now offered by respondent in support of the order of that court is that a wife cannot commit the crimes of embezzlement and forgery if her alleged criminal acts concern the property of her husband. This contention is based upon the well-known rule of the common law, founded upon the unity of the two parties to the marriage relation, to the effect that a wife cannot commit a crime against the property of her husband, respondent insisting that the rule mentioned yet obtains in…