People v. Tomlinson

Morrison, C. J. The information in this case charges that the defendant, on a certain day and at a certain place, was the agent of one Michael Warde, and as such agent received and took into his possession a large sum of money, to wit, one hundred dollars, of the property of said Warde, his principal, and did then and there willfully, unlawfully and feloniously embezzle, and fraudulently convert and appropriate to his own use, said money of his said principal, the said Warde, and such conversion and appropriation was not made by the said defendant in the due and lawful exercise of his, the said defendant’s, trust, as the agent of said Warde.

Section 508 of the Penal Code, under which the foregoing information was framed, provides that “ every clerk, agent, or servant of any person who fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, any property of another which has come into his control or care, by virtue of his employment as such clerk, agent, or servant, is guilty of embezzlement.”

There was a demurrer to the information, which was overruled by the court. The information is in the language of the statute, but the learned counsel for the defense insists that there are some cases, of which this is one, in which it is not sufficient to charge an offense in the language of the statute: although he concedes that as a general rule it is sufficient. The cases to which he refers do not sustain him, and the weight of authority in this court establishes the general rule, that an indictment or information which follows the language of the statute defining the crime is sufficient. We might refer to numerous cases, but one or two late ones will serve our purpose. In the case of People v. Girr, 53 Cal. 629 the court says: “ It has repeatedly been held that an indictment is sufficient, if it describe the offense charged in the language of the statute” ; and in the very late case of The People v. Soto, 63 Cal. 166, Mr. Justice Ross, speaking for the court in bank, says: “ It has many times [346]been decided by this court, that it is sufficient to charge the offense committed in the language of the statute defining it.” The rule must be deemed settled in this court, and it follows therefrom that the demurrer interposed in this case was properly overruled, as the information contains all the facts found in ' the section of the code defining the offense.