State v. Trolson
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Storey county. Bichard Rising, District Judge. The facts sufficiently appear in the opinion, I. The indictment is insufficient. The facts averred do not constitute a public offense. The court had no. jurisdiction of the subject matter. The act of 1887, under which the indictment was drawn, is entirely silent as to intent and there is no intent alleged in the indictment.
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Appeal from the District Court of the State of Nevada, Storey county. Bichard Rising, District Judge. The facts sufficiently appear in the opinion, I. The indictment is insufficient. The facts averred do not constitute a public offense. The court had no. jurisdiction of the subject matter. The act of 1887, under which the indictment was drawn, is entirely silent as to intent and there is no intent alleged in the indictment. The act of 1887 was intended to amend the Gen. Stats, on the subject of embezzlement in which an intent is essential. In statutory offenses there must be an evil intent,…
1Opinion of the Court
By the Court,
Murphy, C. J.:
The defendant was indicted and charged with having embezzled the sum of one thousand eight hundred and seventy-seven dollars and fifty-five cents, money he had received as agent of Wells, Fargo & Co. at Virginia City, Storey county, Nevada, from one John McGtrath, to be by the said John Trolson, as such agent of Wells, Fargo & Co., forwarded to Richard Mercer, at Los Angeles, state of California; that instead of forwarding the same, as was his duty so to do, by the nature of his employment, he appropriated the said sum of money to his own use. He was tried,…
2Cases cited8 opinions
- Commonwealth v. RaymondMassachusetts Supreme Judicial Court · 1867
- People v. GrayCalifornia Supreme Court · 1884
- General Interest Insurance v. RugglesSupreme Court of the United States · 1827
- State v. HopkinsSupreme Court of Vermont · 1883
- Lowenthal v. StateSupreme Court of Alabama · 1858
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3Cited by34 opinions
- Commissioner v. WilcoxSupreme Court of the United States · 1946
- State v. Anaconda Copper Mining Co.Montana Supreme Court · 1900
- Southern Pac. Co. v. BartineU.S. Circuit Court for the District of Nevada · 1909
- State v. MonahanNevada Supreme Court · 1926
- Hutchman v. StateCourt of Criminal Appeals of Oklahoma · 1937
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