State v. Sage

Citations

• 22 Idaho 489
• 126 P. 403
• 1912 Ida. LEXIS 38

Syllabus

<p>Embezzlement — Evidence op — Secretion op Bank Checks — Instructions.</p> <p>(Syllabus by the court.)</p> <p>1. Evidence held sufficient to support the verdict of guilty.</p> <p>2. On a charge of embezzlement the intent may be established either by direct or circumstantial evidence.</p> <p>3. See. 7068, Eev. Codes, defines the crime of embezzlement.</p> <p>4. See. 7071, Eev. Codes, declares that a distinct act of taking is not necessary to constitute embezzlement.</p> <p>5. Sec. 7072, Eev. Codes, provides that any evidence of debt, negotiable by delivery only and actually executed is the subject of embezzlement, whether it has been delivered or issued as a valid instrument or not.</p> <p>6. The practice of citing authorities at the foot of an instruction and giving them to the jury is disapproved.</p> <p>7. Other assignments of error in regard to instructions given to the jury examined and held to contain no merit.</p>