Legal Opinion

United States v. Hartwell

U.S. Circuit Court for the District of Massachusetts

Decided May 15, 1869PublishedCited by 17 opinions

Officers and other persons charged with the safe-keeping, transfer, and disbursement of the public moneys are required, by the act of the 6th of August, 1840, to keep an accurate entry of each sum received, and of each payment or transfer, and the sixteenth section of the act also provides that if any one of the said officers shall loan any portion of the public moneys intrusted to him for safe-keeping, disbursement, or transfer, every such act shall be deemed and adjudged…

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Officers and other persons charged with the safe-keeping, transfer, and disbursement of the public moneys are required, by the act of the 6th of August, 1840, to keep an accurate entry of each sum received, and of each payment or transfer, and the sixteenth section of the act also provides that if any one of the said officers shall loan any portion of the public moneys intrusted to him for safe-keeping, disbursement, or transfer, every such act shall be deemed and adjudged to be an embezzlement of so much of the said moneys as shall be thus loaned, which is therein declared to be a felony;…

1Opinion of the Court

CLIFFORD. Circuit Justice.

The grounds of the motion are as follows: (1) Because the confessions of the principal defendant were improperly admitted to prove that he unlawfully loaneci certain portions of the public moneys as alleged in the indictment. (2i Because the verdict was nor warranted by the law and the evidence in the ease. Before proceeding to consider the exceptions to the rulings and the instructions of the court, it becomes necessary to examine the charge as laid in the indictment, and to ascertain its precise character as defined in the act of congress. Briefly stated, the…

2Cases cited5 opinions

  1. Studstill v. StateSupreme Court of Georgia · 1849
  2. Ulmer v. StateIndiana Supreme Court · 1859
  3. Simmons v. StateSupreme Court of Georgia · 1848
  4. State v. RickerSupreme Judicial Court of Maine · 1848
  5. People v. BucklandNew York Supreme Court · 1835

3Cited by17 opinions

  1. Standefer v. United StatesSupreme Court of the United States · 1980
  2. United States v. LairCourt of Appeals for the Eighth Circuit · 1912
  3. Tucker v. United StatesCourt of Appeals for the Seventh Circuit · 1912
  4. Peel v. StateDistrict Court of Appeal of Florida · 1963
  5. Commonwealth v. FergusonSuperior Court of Pennsylvania · 1910

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