Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-08-05

who was then and there indebted
to the county of Nye, without first
deducting the amount of such in
debtedness. Ordinarily this, being
in the words of the statute, would
be enough. % Cyc. 1856. l New.
10. But the objection would be
made as here, that to allege any
person is indebted to another is a
mere legal conclusion. 1t is often
very difficult to distinguish ha
tween a statement of fact and a
legal conclusion, because there is
no we'll defined line of demarca-
ton between them. To say that
ore man is indebted to another is
not ordinarily legal conclusion,
but a statement of fact. Thus,
say that Jones owes Smith NOR
than $1,000. | am stating ? fact
if the statement is true, and VIII, m
er or not it is true is merely a
matter of proof. Matters of ~ of
need not be set out in indictments.
Section 4201 compiled laws. p
eye 3O4. That it might be ex-
pressed thus: Jones is indebted
to Smith in an amount exceeding
$4,000" would not change it to a
conclusion of law.
4 But in these cases another rule
/ comes into play, because of these
words in the accusations: The de-
PENDANT well knew of the indebt-
/ edness Of the said Owens or Gill
4 bert) as (sheriff or treasurer) OF
Nye county to the said Nye county,
Nevada and the allowance and ap-
proval F." was performed
with full knowledge of the afore-
said Indebtedness. 80 The
rule is that where the particular
facts are peculiarly within the
knowledge of the accused, it has
! been held that the offense may be
averred generally. % Cyc.. 300. II
i this is true of the offense itself, il
ought to be true of an element oil
the oifense. And it is not con
clusion of law, but is statement
/ nf foc no n ho c
fact Now if the state establishes
this fact, that the defendants ha(
full knowledge of an Indebtedness
on the part of Owens and Gilbert
then there can be no mere conclu
SIGN of law in the statement tina
Owens and Gilbert were indebted t.
the county, for if anyone had full
knowledge of such thing, it mus
have been a fact.
1t is contended that the accuse
tions should be complete enough
in every particular, so that in even
of conviction or acquittal, the de
PENDANTS, or either of them, Nigh
plead the former judgment in ba
of a second prosecution, and this
proper contention. 1t is a matte
! of identification of the offense, s
that if the same one should b
/ charged the second time, that fac
: might be expediently shown. TIL
, Identification of an offense depend
: very greatly upon it's elements. TIL
E analysis heretofore given shows thf
t all the necessary elements are pre-
= ent. though it is strongly contende
6 that one of them is incomplete
Whether incomplete or not.
must be admitted that it is presen
S An illustration is given W II
: pleader of the case of the sale
e county property and conversion I
II the proceeds by him. OF course Il
It elements of this offense must e
" SeHtidllN ne ulieTeHl lTOhl lHOSe
l. commissioners allowing demands
regularly so the pleader must mea
e that the conversion refers to
II form of Indebtedness.
IS This problem pust be approach'
1t in two ways An accusation
e commissioners might be similar
II the present accusations, the stat
d ment Of the Indebtedness of the @
'e fieer to whom the demand was &
Is lowed being general. as in I'll
case. and an acquittal might
}, had. after the state had failed