Mitigation of punishment

21 O.S. § 1461, under Crimes and Punishments.

21 O.S. § 1461

Whenever it is made to appear that prior to any information laid before a magistrate charging the commission of embezzlement, the person accused voluntarily and actually restored or tendered

restoration of the property alleged to have been embezzled, or any part thereof, such is not a ground of defense to the indictment, but it authorizes the court to mitigate punishment in its discretion. R.L.1910, § 2680.