Territory of Arizona v. Monroe

Citations

• 10 Ariz. 53
• 85 P. 651
• 1906 Ariz. LEXIS 95

Syllabus

<p>1. Embezzlement — Bailees—Indictment—Sufficiency — Rev. Stats. Aeiz. 1901, Pen. Code, Sec. 461, Construed. — Under section 461, supra, providing that every person intrusted with any property as bailee, who fraudulently converts the same or the proceeds thereof to Ms own use, with a fraudulent intent to convert it to his own use, is guilty of embezzlement, an indictment alleging facts showing that accused was a bailee is not defective for failure to designate the accused in terms as bailee.</p> <p>2. Same — Indictment—Failure to Allege Demand — Sufficiency — Rev. Stats. Ariz. 1901, Pen. Code, Secs. 461, 463, Construed.— Where an alleged bailee was indicted for embezzlement under section 461, supra, providing that every person intrusted with any property as bailee, who fraudulently converts the same or the proceeds thereof to his own use, is guilty of embezzlement, it was not necessary to allege demand for and refusal to return the property under section 463, supra, providing that no person shall be adjudged guilty of embezzlement until a demand for return of the property converted and misappropriated shall have been made . . . the offense under the prior section being complete when the property was fraudulently and feloniously converted.</p> <p>3. Appeal and Error — Criminal Law — Judgment in Favor op Depend-ant — Bar to Future Prosecution — Rev. Stats. Ariz. 1901, Pen. Code, Secs. 1038, 873, Construed. — Under section 1038, supra, providing that the “supreme court shall not reverse a judgment in favor of a defendant which operates as a bar to future prosecutions for the offense,” and section 873, supra, providing that “if the demurrer [to an indictment] be allowed, the judgment shall be final upon the indictment demurred to,” upon an appeal by the territory from the judgment of the trial court sustaining a demurrer to an indictment, such judgment, although declared erroneous, will not be reversed.</p>