Territory of New Mexico v. Hale

Citations

• 13 N.M. 181

Syllabus

<p>SYLLABUS.</p> <p>1. Section 1125, C. L. 1897, construed, and held to apply to embezzlements by others than public officials.</p> <p>2. Under Sec. 1125 C. L., 1897, in an indictment for embezzlement of public moneys an allegation that the defendant “having then and there in his possession the sum of (a certain number of dollars in money), a.better description of the kinds and character of which is to the grand jurror® unknown” is sufficient both as to description of the money and the value thereof.</p> <p>3. There is no variance between an allegation of embezzlement of money and the proof where the proof shows that public funds were deposited in a bank on general deposit and the embezzlement was accomplished by means of drawing checks on such deposit.</p> <p>4. The venue in embezzlement is properly laid in the county where ‘the possession becomes adverse to the owner.</p>