State v. Shadd
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. E. Geiser, Judge. Defendant was a simple debtor to Holman and could not be guilty of embezzlement, Be having the title to Holman’s money. Welch v. People, 17 Ill. 341; Stinson v. People, 43 Ill 397; Comm. v. Stearnes, 2 Mete. 347; Comm. v. Libby, 11 Mete. 64; People v. Howe, 2 N. Y. Sup. Ot. (N. S.) 383. The contract was founded upon an immoral transaction, hence there was no valid agency and no embezzlement.
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Appeal from Greene Circuit Court. — Hon. W. E. Geiser, Judge. Defendant was a simple debtor to Holman and could not be guilty of embezzlement, Be having the title to Holman’s money. Welch v. People, 17 Ill. 341; Stinson v. People, 43 Ill 397; Comm. v. Stearnes, 2 Mete. 347; Comm. v. Libby, 11 Mete. 64; People v. Howe, 2 N. Y. Sup. Ot. (N. S.) 383. The contract was founded upon an immoral transaction, hence there was no valid agency and no embezzlement. Hayden v. Little, 35 Mo. 418; Benson v. Hickman, 8 Mo. 8, The case made by the State does not come within the purview of the statute. The…
1Opinion of the CourtNorton, J.
The defendant was indicted in the circuit court of Greene county, at its November term, 1883, for embezzlement. He was tried and convicted, and his punishment assessed at three years’ imprisonment in the penitentiary. The case is before us on his appeal.
It appears from the record that defendant, in August, 1883, was engaged in selling “pools” on horse races about to be run at the Driving Park grounds at Springfield; that defendant stood up in a stand, and cried out for bids for first choice, and awarded to the party making the highest bid the first choice; the party then named the horse which…
2Cases cited2 opinions
- Burgess Sulphite Fibre Co. v. BroomfieldMassachusetts Supreme Judicial Court · 1902
- State v. TumeyIndiana Supreme Court · 1882
3Cited by11 opinions
- Wallis v. StateSupreme Court of Arkansas · 1891
- State v. CunninghamSupreme Court of Missouri · 1900
- State v. PattersonSupreme Court of Kansas · 1903
- State v. WilliamsonSupreme Court of Missouri · 1893
- Commonwealth v. ShoberSuperior Court of Pennsylvania · 1897
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