Opinion
No. A-7431.
Opinion Filed May 31, 1930.
1. Indictment and Information — Sufficiency of Allegations of Embezzlement by Public Officer. An indictment or information which sets out the elements of the offense of embezzlement as contemplated in section 9781, C.O.S. 1921, and in substantial compliance with the language of such section, is sufficient.
2. Same. For syllabus, see State v. Harris et al., 47 Okla. Cr. 344, 288 P. 385.
Appeal from District Court, Carter County; Asa. E. Walden, Judge.
R.T. Sheegog was charged with embezzlement. The trial court sustained a demurrer to the evidence offered by the state, and the state appeals. Reversed.
F.M. Dudley, Co. Atty., and John M. Thompson, Asst. Co. Atty., for the State.
Mac Q. Williamson, for defendant in error.
On the 10th day of October, 1928, a grand jury in Carter county returned an indictment against Virgil Harris and R.T. Sheegog charging embezzlement of certain funds of Carter county in the possession and keeping of Virgil Harris as deputy county treasurer of said county. A jury was impaneled, and at the close of the state's evidence the defendants moved the court to advise the jury to return a verdict of not guilty for the reason that the evidence introduced by the state was insufficient to prove any offense against the defendants.
The contention of the defendant being that the indictment was insufficient to charge an offense because it failed to allege any fraudulent intent and the evidence was insufficient to prove any fraudulent intent, and therefore the state had failed to make a case.
Under the authority of State of Oklahoma v. Harris et al., 47 Okla. Cr. 344, 288 P. 385, it not being necessary to allege any intent to defraud, the state was not bound to prove any such intent. The trial court therefore erred in sustaining defendant's demurrer and instructing the jury to find the defendant not guilty.
For the reasons stated, the case is reversed.
EDWARDS, P.J., and DAVENPORT, J., concur.