State v. Hoshor

Citations

• 26 Wash. 643
• 67 P. 386
• 1901 Wash. LEXIS 699

Syllabus

<p>EMBEZZLEMENT-INSUFFICIENCY OF INFORMATION.</p> <p>An information which charges that on a certain date, in King county, defendant, being then and there the agent of another, was intrusted with a certain sum of money on account of his principal and took into his possession such sum for and on account of this principal, and afterwards did fail to account to said principal for the same, and did then and there unlawfully, etc., take, embezzle and convert same to his own use, sufficiently states the time when and place where the money was embezzled.</p> <p>SAME-VARIANCE.</p> <p>Under an information charging defendant with the embezzlement of money, proof that defendant was intrusted with a check, instead of money, which check was afterwards cashed by him, would not constitute a variance, since the check is merely the instrumentality by which the money of the prosecuting witness was transferred from his possession to defendant.</p> <p>SAME-JOINT OWNERSHIP.</p> <p>In a prosecution under an information charging defendant with embezzling $20,500, which sum the evidence showed had been paid him in one check, a portion for himself and another portion in trust for certain purposes, defendant is not entitled to a discharge on the theory of his being a joint owner in the whole sum, under an instruction charging the jury “that the defendant had such an interest in $8,100 of the $20,500 that you cannot find the defendant guilty for retaining said sum of $8,100, and you should confine your consideration to that portion of the $20,500 in excess of said sum of $8,100,” since the payment of the money in one check, but for different purposes, would not make the defendant a joint owner in the whole sum to the extent of his proportionate share.</p> <p>SAME-VENUE.</p> <p>The fact that defendant was given a check in King county, which he deposited to his credit in a bank there, then went to Pierce county, drew his check on the King county bank and hao. it cashed by a bank in Pierce county