Schroeder

People v. Schroeder

Good Law
1919 Cal. App. LEXIS 875·43 Cal. App. 623·185 P. 507
Court of Appeal of CaliforniaOctober 17, 1919Crim. No. 681.California479 words

Opinion

Lead Opinion

Sloane, J.

The appellant was convicted of embezzlement.

The opening brief is devoted largely to a discussion of the alleged insufficiency of the information to state the offense charged. The information, so far as its essential parts are concerned, is as follows:

[1] We think this information substantially meets all the requirements to charge the offense of embezzlement by an agent or trustee, under the provisions of section 508 of the Penal Code.

The four essential allegations for such an information are:

Numerous alleged errors in the admission and exclusion of evidence are averred without particular specification, in most instances, of the grounds of the exceptions to the rulings. We will not attempt to review them separately, but have read the entire record in the ease, and are satisfied that whatever errors or irregularities, if any, there may have been in the trial, none of these are of such a prejudicial character as to justify the conclusion that there has been a miscarriage of justice.

[3] The evidence clearly shows that the defendant received, for the purposes of collection only, an assignment of a claim against a business concern for an amount of several hundred dollars; that…

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