Moore v. State
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Cornish, J. The opinion contains a statement of the case.
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Error to the district court for Lancaster county. Tried below before Cornish, J. The opinion contains a statement of the case. On the part of plaintiff in error it is respectfully submitted: (1) That under the laws of the state he cannot be adjudged guilty of the crime of embezzlement unless the money claimed to have been embezzled by him was by him lawfully and properly received by virtue of his office; (2) that under the law of the state as it existed when this embezzlement is alleged to have occurred, and as it now exists, the auditor of public accounts was not authorized to receive, and…
1Opinion of the Court
Irvine, C.
The information in this case, omitting formal parts, allegations of time, and venue, and other averments not material to the questions presented for review, was as •follows: “That Eugene Moore, * * * then and there being an officer, to-wit, auditor of public accounts of the state of Nebraska, and as such officer being charged with the collection, receipt, safe-keeping, transfer, and disbursement of the public money and a certain part thereof belonging to the state of Nebraska, and the property of the state of Nebraska, then and there unlawfully and feloniously did fraudulently…
2Cases cited12 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- State v. SpauldingSupreme Court of Kansas · 1880
- People of the State of N.Y. v. . PennockNew York Court of Appeals · 1875
- County of San Luis Obispo v. FarnumCalifornia Supreme Court · 1895
- State v. LovellSupreme Court of Iowa · 1867
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Sherrick v. StateIndiana Supreme Court · 1906
- Bailey v. StateNebraska Supreme Court · 1899
- Dickey v. StateCourt of Criminal Appeals of Texas · 1912
- State ex rel. Harvey v. NewtonNorth Dakota Supreme Court · 1907
- State v. MooreNebraska Supreme Court · 1898
17 more not listed; retrieve them via the Exa API.