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STATE v. HOFFMAN

No. 38,273

171 Kan. 116 (1951)

229 P.2d 768

STATE OF KANSAS, Appellant, v. HARRY H. HOFFMAN, Appellee.

Supreme Court of Kansas.

Opinion filed April 7, 1951.

Attorney(s) appearing for the Case

John R. Alden, assistant county attorney, argued the cause, and Harold R. Fatzer, attorney general, John Fontron, county attorney, and Fred C. Preble, of Hutchinson, were with him on the briefs for the appellant.

No appearance was made for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This was a prosecution under what is commonly referred to as the demand portion of our embezzlement statute, G.S. 1949, 21-545, which reads:

"... if any agent shall, with intent to defraud, neglect or refuse to deliver to his employer or employers, on demand, any money, bank bills, treasury notes, promissory notes, evidences of debt or other property which may or shall have come into his possession...

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