Hemple

The defendant was charged with embezzling $142.50, convicted, moved for a new trial, which was denied, and was then sentenced to five years’ imprisonment.

He appeals from the order denying a new trial and from the judgment.

The charging part of the information is as follows: “The said George Hemple was agent and servant to one C. P. Hall, and being agent and servant as aforesaid, by virtue of his said employment as such agent and servant, there came into the care and control of the said George Hemple, for and on account of the said C. P. Hall, the sum of one hundred forty-two and fifty one-hundredths ($142.50) dollars, lawful money of the United States, and the said George Hemple aforesaid, so received and took into Ms control and care the said money for and on account of the said C. P. Hall, and afterward, to wit, on the 5th day of December, 1902, at and in said County and State, the said George Hemple willfully, unlawfully, feloniously and fraudulently did embezzle, convert and appropriate the same to his own use, and not in the due and lawful execution of the said trust of him, the said George Hemple, ...”

The information is assailed on the ground that it is not charged…