Quistead

The indictment in this ease contains two counts. The first count charges that the defendant, while employed as a disbursing clerk in the office of the federal prohibition director and in the Internal Revenue Service of the United States, did then and there unlawfully, willfully, knowingly, and feloniously embezzle and convert to his own use the sum of $450, a part and portion of the proceeds of certain cheeks which came into his possession and under his control in such employment, the same being the property of the United States. Then follows a description of the cheeks. The second count charges that the defendant, employed as disbursing clerk in the office of the prohibition director of California, did unlawfully, willfully, knowingly, and feloniously embezzle and convert to his own use moneys of the United States which came into his possession and under his control by reason of his employment, to wit, the sums of $300, $100, and $10. Upon the trial, the jury returned a verdict of guilty as to both counts, and the judgment on the verdict is now before us for review.

The plaintiff in error assumes that the indictment was returned under section 97 of the Penal Code (Comp. St. §…