State v. Bogardus

Citations

• 36 Wash. 297
• 78 P. 942
• 1904 Wash. LEXIS 554

Syllabus

<p>Criminal Law — Information—Certainty—Bill of Particulars. There is no provision in our criminal procedure for attacking an information for lack of certainty by motion to make more definite and certain, or by demand for a bill of particulars, but the remedy is by demurrer.</p> <p>Criminal Law — Embezzlement — Information — Sufficiency. An information for embezzlement by the secretary of a society is not demurrable for want of sufficient facts or lack of certainty when it charges that, on a certain day, the defendant was agent of the society and was intrusted by the society with certain moneys belonging to the society, and converted the same to his own use; and it was not necessary to make it more certain by stating the acts constituting the conversion, showing the particular transaction relied upon.</p> <p>Same — Bill of Particulars — Discretion. In such a case, it is not an abuse of discretion to refuse to require the state to furnish a bill of particulars, and such refusal can be reversed only for abuse of discretion.</p> <p>Criminal Law — Embezzlement — Evidence —■ Sufficiency —■ Variance. Under an indictment charging the secretary of a society with the embezzlement of $1,000 intrusted to him by the society on October 3, 1902, there is sufficient proof of the crime charged where it appears that, prior to that time, the defendant was short in his accounts in excess of said sum, having failed to credit $2,000 previously paid by one VI for stock, that on said date, said W having withdrawn on orders $1,000, the previous receipt for $2,000 to him was taken up and a new one issued for $1,000 of the society’s stock, and that no record of any kind was made of these transactions, and no notice given to the officers; since the deposit of such stock with the society without crediting it to the account of W and defendant’s use of it to reduce his own indebtedness to the society, was an embezzlement by the defendant, under Bal. Code § 7119, fixing the crime upon any agent w