In Re Holder

This is an application for a writ of 7tabeas corpus. The petition alleges, among other things, “that W. H. Holder is imprisoned, detained, confined and restrained of his liberty” by the sheriff of Los Angeles County “by virtue of an indictment charging him with embezzlement under section 506 of the Penal Code of' the State of California, as amended in 1919, a copy of which indictment is herewith attached and made a part hereof.” (Italics ours.)

The indictment is in two counts, identical in form, but relating to separate offenses of the same class. For our present purposes we quote the preamble to the indictment and the first count only, which are as follows: “W. H. Holder is accused by the Grand Jury of the County of Los Angeles, State of California, by this indictment of the crime of embezzlement, a felony, committed at and in the county of Los Angeles, State of California, and before the finding of this indictment, as follows, to wit: That the said W. H. Holder, on or about the 17th day of November, 1919, at and in the County of Los Angeles, State of California, was then and there a contractor by virtue of a contract entered into by and between Harry Scholl and Alva M. Scholl,…