Cobler

The defendant was convicted of the crime of embezzlement, under section 504 of the Penal Code, and sentenced to imprisonment in the state prison for the term of five years. He appeals from the judgment and an order denying his motion for a new trial.

The indictment charges that in the month of March, 1893, the defendant was a duly qualified and acting deputy county assessor in and for the county of Los Angeles, under F. E. Gray, who was then and there the duly elected, qualified, and acting assessor of said county, and as such deputy county assessor defendant then and there had in his possession and under his control, by virtue of his trust and as such deputy, “the sum of twelve dollars, lawful money of the United States, public funds of the said county of Los Angeles,” which said money he had received as such deputy for the use and benefit of said county, and did fraudulently appropriate to his own use, etc.

The defendant demurred to the indictment upon the grounds, among others, that it failed to state the kind of money, or specifically describe the money alleged to have been embezzled, and also failed to state in what manner or for what purpose defendant received the said…