84 SUPREME COURT OF THE CANAL ZONE.

distinctly bring the offense within the provisions of the last portion of the second subdivision of section 150 of the Penal Code. The portion of the section referred to reads as before quoted:
Or in the commission of a lawful act which might produce death in an unlawful manner or without (lue caution and circumspection.
I t is true that the pleader does not use in the counts of the information mentioned, the exact words quoted, but the essence of the offense charged in the first, third, and sixth counts, is that, on a much-traveled highway at a fast and reckless pace, without due caution and circumspection and, therefore, in an unlawful manner, the defendants raced or rode their horses, and that the act of riding their horses in such a manner produced death. The pleading brings the charge substantially within the provisions of the last-quoted portion of section 150 of the Penal Code and is such a statement of the act constituting the offense "as to enable a person of common understanding to know what is intended." (Section 66, subdivision 2, Code of Criminal Procedure.)
An examination of the record shows that there is sufficient evdence to sustain the first, third, and sixth counts of the indictment and sufficient evidJence to sustain the verdict of guilty as charged in the information. The defendants jointly contributed to the killing. They are, therefore, jointly responsible.
The judgment of the trial court is therefore affirmed.
Affirmed.
CANAL ZONE versus PETERSON & SILVERS.
No. 79. Argued Nov!2mber 6, 1911. Decided November 20, 1911.
EMBEZZLEMENT.*
One who purchases and receives property which he knows to have been embezzled by the vendor and converts said property to his own use is guilty of embezzlement.
INFORMATION AND SUFFICIENCY. An information charging the defendant with the commission of the crime of embezzlement is sufficient if it enumerates the articles alleged to have been embezzled. An itemized statement as to the value thereof is not required.
TrESTIMONY-RES GESTAF,
A statement by an accomplice, even though not in the presence of his codefendants, if made during the pendency of the criminal enterprise and in furteranero itsobjetsIs. par fth. esg1 te

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