Davis v. State
Mississippi Supreme Court
Appeal from the circuit court of Adams county. Hon. N. E. Jackson, Judge. Mayor Davis was convicted of embezzlement and appeals. This is an appeal from a conviction of embezzlement. The opinion states the facts. Among other errors assigned, it is claimed that the third instruction requested by the defendant should have been given.
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Appeal from the circuit court of Adams county. Hon. N. E. Jackson, Judge. Mayor Davis was convicted of embezzlement and appeals. This is an appeal from a conviction of embezzlement. The opinion states the facts. Among other errors assigned, it is claimed that the third instruction requested by the defendant should have been given. Said instruction is as follows: “(3) The court instructs the jury that they should try this case on the evidence produced from the witnesses, and not on the statements of attorneys.” The court erred in not sustaining the demurrer filed by the defendant to the…
1Opinion of the CourtCook, J.
Appellant was convicted upon an indictment charging him with the embezzlement of one thousand three hundred and1 eleven dollars, the money of the Bluff City Savings Bank, a corporation of which he was the-assistant cashier:
Before his arraignment the defendant interposed a demurrer to the indictment, upon these grounds, viz.:
“(1) Said indictment fails to aver in proper form,, and 'at proper place, that the money alleged to have been embezzled ‘had come into his possession and had been intrusted to his care by virtue of his employment as such clerk and servant.’
“(2) The indictment fails to…
2Cases cited1 opinion
- State v. ReinhartOregon Supreme Court · 1895
3Cited by6 opinions
- Bunkley v. StateMississippi Supreme Court · 1986
- Taylor v. StateCourt of Appeals of Mississippi · 2000
- Hilbun v. StateMississippi Supreme Court · 1933
- Wood v. StateMississippi Supreme Court · 1929
- Terry v. StateCourt of Appeals of Mississippi · 2009
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