State v. Caston

Citations

• 96 Miss. 183
• 50 So. 569

Syllabus

<p>Criminal Law and Procedure. Embezzlement. Bank cashier. Indictment. Code 1906, § 1436. Autrefois acquit. Balance of account. Specific items.</p> <p>Where a bank cashier was indicted, tried for and acquitted of embezzling the funds of the bank, the indictment, as shown by a consideration of it as a whole, being predicated of Code 1906, § 1436, providing that in an indictment for embezzlement of money by a treasurer, cashier or other fiduciary it shall be sufficient to describe the same as a “balance of account” of a des-signated value, the judgment will support a plea of autrefois acquit to any other indictment against him charging the embezzlement of a specific sum which came to his care before the finding of the first indictment, although it contained no affirmative averment, in the language of the statute, that the money charged to have been embezzled was a “balance of account.”</p>