The Red Cloud chief., 1898-01-14
hartley IS GUILTY..
OF THE LOWER
COURT AFFIRMED.
Supreme Court Holds Sale. Of state War
rants to Be Embczzlcmcnt of state
Money-Mcans Twenty Years for the
Ex-Treasurer-No Appeal.

WI" 'cuhtSudy' oduudry %, tne Su-
prcme court of the state of Nebraska
handed down its decision in the Bart.
ley crnbezzlement casc. The court nf-
firmcd the judgment and sentence OF
the lower court and n mandate will bc
sen in due time to the Douglas county
sheriff directing him to carry out the
judgment.
There is no appeal from the decision.
but the accused has u right To move
h supreme court for a %rehearing, but
it not likely one will be granted in
this case. Forty days are allowed in
which to move for a rehearing, and it
is probable an order for the removal
of BARLEY will not be issued until the
expiration of that time.
Ex-Auditor Moore, under sentence
of eight years for embezzlement, but
out on bail, was present in the clerks
office when the decision was announced.
The opinion was w.itten by Judge
Norval, and every contention of de-
PENDANT was ovcrruled.
The syllabus of the opinion is as fol-
lows.
1. On n motion TO quash an informa-
ton. the district will not inquire into
the validity of the warrant Of arrest
issued by the examining magistrate.
2. In a prosecution for the crime of
embezzlement, the tendency against
the accused of n former information in
the district court Of another county
charging him with the embezzlemcnt
OF the same property within the coun-
ty, is no ground for abatement.
3. Error cannot be predicated upon
the overruling Of a demurrer to a court
in the information, where a nollc
prosequi Is subsequently, entered to
such count.
4. An information, in the caption
and venue of which a given county
and state are named, which charges
that the defendant sin the county
aforesaid, then and there being In said
county did commit n crime, sufficiently
alleges that the offensc was committed
In the county stated in the caption and
5. The place Of the commission of an
offensc charged in one of the counts of
the information Is sufficiently set forth
by avcrment that the defendant ''in
the county aforesaid Ibid commit the
constituting the ~offense, where by
n former count the county and state
are definitely stated.
6. An election by the prosecutor TO
proceed alone under ono count does
not so far take the other counts out of
The information as to destroy the effect
OF "a reference to them as to time and
place.
Z. A county attorney Of the proper
may institute n criminal pro
cecding against n state treasurer for
embezzlement of the moneys of the
state Notwithstanding such prosecutor
had received no direction from the
auditor Of public accounts to take such
step.
8. An information for embezzlement
is sufficient II il sets forth the crime in
the language OF the statute creating il,
without averring the particular acts in
the offensc consisted.
0. An indictment against n state
treasurer, which charges the embezzlc.
mcnt to his own use of a certain sum
Of money belonging to the state is
sufficient without an allegation that a
demand for the money was made upon
aim by his successor in office.
IN WHARF IiHornnx f.1on: A.
same general character or grade arc
In different counts of an in
1t is within the discretion
,f the trial court to require the prose
to elect as to counts. Korth VS..
State, 46 Neb., 632.
II. No election is required between
counts charging the same offense.
IL. Error cannot be predicated upon
he overruling Of a challenge to n Juror
or cause, where the record fails TO
disclose that the complaining party
exhausted his peremptory challenges.
Is. The evidence in the ease is sufi-
lent to sustain a conviction of the en-
'ezzlement Of the moneys of the state.
IA. Warrants drawn by the auditor
" public accounts upon the state
'rcasury are not negotiable instru.
nents.
IS. The giving of credit as a deposit
or the amount Of n check by the bank
ipon which it is drawn Is, in contem-
OF law, n payment Of the check
n money TO the same extent rs though
he currency had been paid over
he counter on the check and immedi-
'tely redeposited by the paycc.
10. A state treasurer, who for an I'M
purpose draws a check on u
tate depository bank having money of
he state therein, which he delivers 10
he payee, and the bank on p~resenta.
ion of the check places the amount
hereof to the credit Of q third party
whom the payee represents in the
and at the same time
the account of the state with
) like sum, is guilty Of the embezzle-
of the money OF the state within