GARFIELD, Justice.
Defendant, president and active executive officer of a state bank, was acquitted of embezzlement in the claimed violation of section 528.6, Codes 1950, 1954, I.C.A. The state has appealed and contends some of the instructions to the jury were erroneous.
I. The judgment is a finality with respect to the discharge of defendant. However, we will entertain an appeal by the state where it presents questions of law the determination of which will...
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