The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07

shall NC 1uNdilu vi
for the reason that two or more of
such acts. means. intents or results
are charged in the disjuncttive or
alternative.
Sec 100. Indirect Allegations. No
indictment or information shall be
invalid or insufficient for the rea-
son that it alleges indirectly and by
inference or by way of recital any
matters. facts or circumstances con-
nected with or constituting the Of
Tense, provided, however, that such
indictment or information contains
sufficient facts directly and clearly
alleged and charged to constitute the
offense being charged in such indict-
ment or information.
Sec 121 Libel No indictment or in
formation for libel shall be invalid
or insufficient for the reason that it
does not set forth extrinsic facts for
the purpose of showing the applica-
ton to the party alleged to be libel
led of the defamatory matter on
which the indictment is founded.
Sec. 122 (a) Perjury and Kindred
Offenses. No indictment or infor-
nation for perjury, or for suborna-
ton of. solicitation Of conspiracy or
attempt to commit perjury shall be
invalid or insufficient for hte reason
that it does not set forth any part
of the records or proceedings with
which the oath was connected, or the
commission or authority of the court
or other official before whom the
perjury was committed or was to
have been committed, or the form
of the oath or affirmation, or the
manner of administering the same.
Sec. 122 (b) Indictments in Fell
onies. 1t shall not be necessary to
allege in an indictment that the Of
Tense charged is a felony, or felon-
ious or done feloniously. nor shall
any Indictment or complaint be
of the omission of the words ''fel-
ony," "felonious" Or "felOniously."
Sec. 122 (c) Intent to Defraud-
, How Alleged. When an intent to
defraud is required to constitute any
offense. it shall be sufficient to al
lege in the indictment an intent to
defraud. without naming therein the
particular person or body corporate
intended to be defrauded. and on the
: trial it shall be sufficient, and shall
not be deemed a variance, if there
2 appear to be an intent to defraud
: the United States or any State, coun-
ty, city. town or parish, or any
body corporate, or any public Off
Ger in his official capacity, or any
co-partnership or members thereof,
: or any particular person.
Sec. 122 I'D Receiving Stolen
Goods. In prosecutions for the Of
Tense of buying, receiving. or aiding
in the concealment of stolen prop
erty. known to have been stolen, it
shall not be necessary to aver, nor
on the trial thereof to prove, that
the person who stole the property
has been convicted.
Sec. 122 (e) Embezzlement. In
prosecutions for the offense of en-
bezzlement. fraudulently taking or
Secreting whit intent to embeZZle or
convert the bullion, money, notes,
bank notes, checks, drafts, bills of
exchange, obligations, or other Sc
curities for money of any person,
bank, Incorporated company, or CO.
officer. clerk, agent, or servant of
such person, bank, incorporated
company or co-partnershj0 it shall
be sufficient to allege generally in
the indictment the embezzlement,
fraudulent conversion, or taking
with such intent, of money to a GER
tain amount. without specifying
any particulars of such embeZzle-
ment, and on the trial, evidence may
be given of such embezzlement,
: fraudulent conversion or taking with
) intent, committed within the statu-
tory period of limitations; and it
shall be sufficient to maintain the
charge in the indictment, and shall
not be deemed a variance, if it be
proved that any bullion, money,
notes. check. draft, bill of exchange
Or other security for money Of
such person. bank, incorporated COM
pany or partnership of whatever
amount was fraudulenty embezzled
converted or taken with intent by
such cashier or other officer clerk,
agent or servant. within the said
period of six months.
Sec. 122 60 Embezzlement-Al-
leging Ownership. If the, property
or thing of value embezzled, belongs
to several persons or members of a
society or voluntary association, it
shall be sufficient in the indictment
or information to allege the owner
ship to be in any one or more of
any such persons, owners or mem
bers. or in the society. association
or partnership by its name.
Sec. 122 (g) Evidence in Prosecu-
ton for Forgery or Counterfeiting
In prosecutions for forging or coun-
terfeiting notes or bills of banks, or
for uttering. publishing, or rendering
in payment as true, any forged or
: counterfeit bank bills, or notes. or
for being possessed thereof with in
tent to utter and pass the same as
true, the testimony of the president
and cashier of such banks may be
dispensed with, if their place of res
ldence is out of the State or more
than forty miles from the place of
trial; and the testimony of any per-
son acquainted with the signature
of such president or cashier. or who
has knowledge of the difference in
the appearance of the true and
counterfeit bills or notes of such
banks may be admitted to prove that
such bills or notes are counterfeit.
Sec. 1913. Offenses Divided into De-
grees. In an Indictment or infor-
nation for an offense which is d.
Vided into degrees it is sufficient to
charge that the defendant commit
ted the Offense without specifying
the degree.
Sec. 124. Surplusage. Any allie
cation under existing law or under
the provisions of this chapter may.
il contained in an indictment, in
formation or bill of particulars, be
disregarded as surplusage
Sec. 125. Defects and Variances.
No indictment shall be quashed or
judgment arrested or new trial be
granted on account of any defect in
the form of the indictment or in
formation, or if misjoinder of Of
lenses or for any cause whatsoever.
unless the court shall be of the opin-
ion that the Indictment is so vague
indistinct and indefinite as to mis-
lead the accused and embarrass
him in the preparation of his de-
Tense or expose him after conviction
or acquittal to substantial danger of
a new prosecution for the same of
Tense.
Sec 1876 Interpretation of the
Act. Nothing contained in this chap
ter shall be construed as to make in
valid or insufficient any indictment
or information which would have
been valid and sufficient under the
law existing at the date of the en-
actment of this chapter