Shearer

This is an appeal by the people from a judgment for the defendant on a demurrer to an indictment charging defendant with the crime of embezzlement.

The indictment was based on section 504 of the Penal Code, and charged the defendant with the fraudulent appropriation of one hundred and five dollars, the property of Sonoma County, which had come into his possession and under his control by virtue of his trust as “county physician” of said county, he at the time being, it was alleged, “the duly appointed, qualified, and acting county physician of the county of Sonoma, state of California,” and it being further alleged that he did so fraudulently appropriate it to his own use, ‘ ‘ contrary to the due and lawful execution of his said trust. ’ ’

The defendant demurred upon the ground that the indictment did not substantially conform to the requirements of sections 950, 951, and 952 of the Penal Code, and specially urged in his demurrer that the indictment was not direct or certain as to the offense charged, in that it could not be ascertained therefrom what was meant by the term “county physician,” what office, if any, said term was meant to designate, or how said alleged “county…