State v. Caston
Mississippi Supreme Court
Fbom tlie circuit court uf Pike county. Hon. Moyse H. WiLKiNsoN, Judge. Caston, appellee, was indicted for embezzlement, the charge being that be embezzled $112.82 wbicb bad been deposited in a bank of wbicb be was the cashier. To the indictment be pleaded autrefois acquit, the plea being predicated of a previous trial and acquittal under an indictment against him 'charging that $100,000 of the bank’s money came to bis care and that he embezzled $60,478 thereof.
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Fbom tlie circuit court uf Pike county. Hon. Moyse H. WiLKiNsoN, Judge. Caston, appellee, was indicted for embezzlement, the charge being that be embezzled $112.82 wbicb bad been deposited in a bank of wbicb be was the cashier. To the indictment be pleaded autrefois acquit, the plea being predicated of a previous trial and acquittal under an indictment against him 'charging that $100,000 of the bank’s money came to bis care and that he embezzled $60,478 thereof. The first indictment was preferred subsequently to the date on wbicb it was claimed that the $172.82 was embezzled. The state’s…
1Opinion of the CourtMates, J.
It is beyond question on this record that the first indictment against C'aston, and the one -on which he was tried, was an indictment under section 1136 of the Code of 1906', and the procedure was under section 1436 of the Code; and, this being the case, there can be no further prosecution of Gaston, on the part of the state, for any act of embezzlement committed by him, while engaged in the particular fiduciary capacity specified in the indictment, at any time prior to the finding of the indictment. If the state does not want to bring about this result, it" must conduct its prosecutions for…
2Cited by2 opinions
- Eastep v. StateAlabama Court of Appeals · 1933
- McInnis v. StateMississippi Supreme Court · 1910