State v. Martin
Supreme Court of Missouri
Appeal from Randolph. Circuit Court. — Hon. A. H. Waller, Judge. (1) The court erred in giving instructions 1, 2 and 3 for the State. They submitted a question of fact not shown by the evidence, namely, that the defendant received into his possession money, when the evidence showed that he received checks.
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Appeal from Randolph. Circuit Court. — Hon. A. H. Waller, Judge. (1) The court erred in giving instructions 1, 2 and 3 for the State. They submitted a question of fact not shown by the evidence, namely, that the defendant received into his possession money, when the evidence showed that he received checks. State v. Wissing, 187 Mo. 96; State v. Mispagel; 207 Mo. 574; Commonwealth v. Wood, 142 Mass. 4591. (2) The very essence of the offense is the conversion of the property, hence the property must be described as of the form in which it was received and embezzled, and the proof must sustain…
1Opinion of the CourtKennish, J.
On the 26th day of June, 1909, at the June term of the circuit court of Randolph county, the prosecuting attorney filed in open court an information charging the defendant, Candy Martin, with the crime of embezzlement. The information is based upon section 4556 of the Revised Statutes of 1909, and in substance charges that the defendant while acting as treasurer of Local Union No. 149 of the United Mine Workers of America, a trade organization, on the 1st day of May, 1908, at said county and State, fraudulently and feloniously embezzled the sum of $114.19, the money and property of said local…
2Cases cited17 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. SmithSupreme Court of Missouri · 1883
- State v. CushenberrySupreme Court of Missouri · 1900
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- State v. MispagelSupreme Court of Missouri · 1907
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3Cited by16 opinions
- State v. DeesSupreme Court of Missouri · 1955
- State v. ShumateMissouri Court of Appeals · 1974
- State v. BidstrupSupreme Court of Missouri · 1911
- State v. DimmickSupreme Court of Missouri · 1932
- State v. JordanSupreme Court of Missouri · 1920
11 more not listed; retrieve them via the Exa API.