State v. Boggs

Citations

• 16 Wash. 143
• 47 P. 417
• 1896 Wash. LEXIS 25

Syllabus

<p>APPEAL — ERROR NOT OP RECORD—EMBEZZLEMENT BY CITY TREASURER -ELEMENTS OP CRIME — INFORMATION — SUFFICIENCY OF EVIDENCE.</p> <p>Alleged error of the trial court in refusing to quash an information, on the ground that the offense therein charged was a different one from that for which the defendant had been extradited from another state, will not he considered on appeal when there is nothing in the record, beyond such motion, showing a difference in the two informations.</p> <p>An information charging a city treasurer with making a profit out of public funds intrusted to him for safe keeping by receiving and accepting interest thereon from a certain bank, sufficiently charges a crime under § 57, Penal Code, which forbids public officers from using, in any manner not authorized by law, any portion of the money intrusted to them for safe keeping, in order to make a profit out of the same.</p> <p>In a prosecution against an officer for making a profit out of public funds intrusted to his safe keeping, a verdict of guilty is warranted when it appears that he was treasurer of a certain city; that the money of the city was in his control; that he deposited the same with a certain bank, which gave defendant credit for interest on the city’s money; that defendant had an individual account at the bank, to which credit for interest on the city’s money was transferred by direction of the bank president; and that defendant checked against said individual account to the amount of his deposit and of such interest credited to him, although he may have testified to his having no knowledge of the fact that such interest was being credited on his account, there being, however, circumstances tending to show knowledge on his part, such as a rapid increase of deposits soon after interest began to be credited and a corresponding increase in defendant’s overdrafts on the bank in proportion as the interest deposits increased.</p> <p>The fact that public moneys are deposited by a city trea