Mahlman

People v. Mahlman

Good Law
1890 Cal. LEXIS 605·82 Cal. 585·23 P. 145
Supreme Court of CaliforniaJanuary 27, 1890No. 20567California874 words

Opinion

Lead Opinion

Foote, J.

The defendant was convicted of the crime of embezzlement; from the judgment rendered therein, and an order refusing a new trial, he has appealed.

His first contention is, that the information filed against him was defective, and did not state any offense, in that it did not specify the person whose property he had embezzled.

That part of the information material to this discussion is: “The said Henry Mahlman, on or about the thirteenth day of April, A. D. 1886, at the said city and county of San Francisco, was an officer, to wit, the treasurer, of Germania Lodge No. 7, Order of Hermann Sons, *586 an association existing under and pursuant to the laws of the state of California, and as such officer, there then and there came and was under his control and in possession by virtue of .his trust as such officer, $194.45, in lawful money of the United States. And the said Henry Mahlman, while said money and personal property was so in his possession and under his control by virtue of bis trust as such officer, then and there, to wit, on or about said thirteenth day of April, 1886, at said city and county of San Francisco, did willfully, unlawfully, feloniously, and fraudulently…

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