People v. Indrieri

1 Citing case

  1. State v. Lake

    99 Mont. 128 (Mont. 1935)   Cited 8 times
    In State v. Lake, 99 Mont. 128, 43 P.2d 627, 629, this court in a unanimous opinion said: "Obviously, the information was drawn under the provisions of subdivision 2, section 11368, Rev. Codes 1921 [now R.C.M. 1947, section 94-2701].

    In a case such as this there need be no allegation or proof of a demand upon the defendant to return the money. ( Milbrath v. State, 138 Wis. 354, 120 N.W. 252, 131 Am. St. Rep. 1012; Commonwealth v. Duvall, 220 Ky. 771, 295 S.W. 1047; People v. Indrieri, 75 Cal.App. 672, 243 P. 476; State v. White, supra.) McDonald never had any notice that his directions were not being followed.