State v. Goss
Supreme Judicial Court of Maine
On exceptions. Indictment, “ that Daniel M. Goss, of Minot, in the county of Androscoggin aforesaid, on the first day of April, in the year of our Lord one thousand eight hundred and seventy-four, at Minot aforesaid, in the county of Androscoggin aforesaid, then aud there being a public officer, to wit: The collector of taxes of the town of Minot aforesaid, did by virtue of his said office and whilst he was employed in said office have, receive and have in his possession and…
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On exceptions. Indictment, “ that Daniel M. Goss, of Minot, in the county of Androscoggin aforesaid, on the first day of April, in the year of our Lord one thousand eight hundred and seventy-four, at Minot aforesaid, in the county of Androscoggin aforesaid, then aud there being a public officer, to wit: The collector of taxes of the town of Minot aforesaid, did by virtue of his said office and whilst he was employed in said office have, receive and have in his possession and under his control certain money to a large amount, to wit: To the amount of fifteen hundred dollars, and of the value…
1Opinion of the CourtWalton, J.
This is an'indictment against a collector of taxes for embezzlement. Two questions are presented; one, whether the indictment is sufficient; the other, whether an officer defacto is punishable for embezzlement, the same as an officer de jure.
The only objection made to the indictment is, that it does not allege that the defendant was duly elected or appointed a collector of taxes ; or that he was duly qualified as such. The indictment avers that he was a “ public officer, to wit: The collector of taxes of the town of Minot.” And that, by virtue of his office, he received and had in his…
2Cited by10 opinions
- Bartley v. StateNebraska Supreme Court · 1898
- People v. . JacksonNew York Court of Appeals · 1908
- People v. LeonardCalifornia Supreme Court · 1895
- People v. ChapmanNew York Court of Appeals · 1963
- Whitney v. United StatesCourt of Appeals for the Tenth Circuit · 1938
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