State v. Jones

Citations

• 25 Idaho 587
• 138 P. 1116
• 1914 Ida. LEXIS 17

Syllabus

<p>Embezzlement — Admission oe Evidence — Competency oe Cashier as Signer oe Check to Testify After Insolvency of Bank — Intention and Good Faith of Signer oe Check may be Shown When Material.</p> <p>1. See. 7065, Kev. Codes, defines embezzlement as follows: “Embezzlement is tbe fraudulent appropriation of property by a person to whom it has been intrusted.”</p> <p>2. Where a person is charged by an information with the crime of embezzlement, the intent may be shown and established either by direct or circumstantial evidence.</p> <p>3. Where a cashier of an insolvent hank issues a check upon such hank, payable to V., to whom the cashier was indebted, and the evidence shows conclusively the purpose of the defendant in the transaction, and that the bank recognized the check and the notes given therefor, and the credits that were considered in due course when the check was submitted through the different banks and when it reached the bank upon which the check was drawn, and the evidence is admitted upon the part of the appellant and also the officers of the bank, such evidence does not show embezzlement.</p> <p>4. Where a cashier at the time a cheek was drawn was indebted to the bank in a sum larger than the check, and a receiver was appointed for the bank after the cheek was issued, and the evidence shows that the motive, intention and belief of the appellant is relevant to the issue, it is competent for sueh person to testify directly upon that issue; or, stated differently, when the motive of a witness in the performance of a particular act, or in making a particular declaration, becomes a material issue, he may himself be sworn in regard to it, notwithstanding the diminished credit to which his testimony may be entitled as coming from the mouth of an interested witness. It was error in the trial court to prevent the defendant from explaining any and all acts by him done with reference to the check in question, and the refusal of the court to allow him to further te