[G.R. No. 2737. August 23, 1906. ]
THE UNITED STATES, Plaintiff-Appellee, v. EUSEBIO BROCE, Defendant-Appellant.
Fernando Salas, for Appellant.
Solicitor-General Araneta, for Appellee.
1. MISAPPROPRIATION; EMBEZZLEMENT. — The penalty prescribed by paragraph 2 of article 392 of the Penal Code, in connection with article 390, is applicable, following the usual line of decisions in such cases, when the misappropriation causes injury to or interference with the public service, and when, without producing such result, the amount taken has not been reimbursed, the accused should not be punished under article 392, but under article 390 of the code.
D E C I S I O N
We accept the findings of fact and the conclusions of law contained in the judgment rendered in the court below on the 29th of April, 1905, whereby the defendant, Eusebio Broce, was convicted of the crime of misappropriation of public funds and sentenced to two years four months and one day of imprisonment (presidio correccional) with the accessories of the law; to indemnify the municipal treasury of San Carlos in the sum of 259.83