Plaintiff in error, L.W. Wiley, defendant below, was charged by information in the District Court of Muskogee County, Oklahoma, with the crime of embezzlement, 21 O.S. 1951 § 341, while an assistant county attorney, in that he appropriated to his own use and benefit a sum alleged to be $294.75, paid to him by certain defendants as fines and costs and received by him on behalf of and for account of the City...
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