Legal Opinion

State v. Brooks

Texas Supreme Court

Decided July 1, 1874PublishedCited by 14 opinions

Appeal from Marion. Tried below before the Hon. James M. Rogers. By indictment it was charged that M. H. Brooks, “an officer of the Government, to wit, a deputy sheriff in and for the county of Marion, and by virtue of his said office then and there by law a receiver of public money, to wit, a collector of the taxes for said county, and authorized to collect and receive the moneys due the Government of Texas, and then and there acting in said office, did * * * take,…

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Appeal from Marion. Tried below before the Hon. James M. Rogers. By indictment it was charged that M. H. Brooks, “an officer of the Government, to wit, a deputy sheriff in and for the county of Marion, and by virtue of his said office then and there by law a receiver of public money, to wit, a collector of the taxes for said county, and authorized to collect and receive the moneys due the Government of Texas, and then and there acting in said office, did * * * take, misapply, and convert to his own use a part of the money intrusted to him as aforesaid, to wit, the sum of one thousand dollars,…

1Opinion of the Court

Gould, Associate Justice.

This is an appeal o"n behalf of the State from the judgment of the District Court quashing an indictment. The indictment alleges “that on the 1st day of June, in the year of our Lord one thousand eight hundred and seventy-three, in the county and State aforesaid, one Marshall N. Brooks, late of said county, who was then and there an officer of the Government, to wit, a deputy sheriff" in and for the said county of .Marion, and by virtue of his said office then and there by law a receiver of public money, to wit, a collector of taxes assessed in said county of Marion,…

2Cases cited3 opinions

  1. State v. KronerTexas Supreme Court · 1847
  2. State v. JohnsonTexas Supreme Court · 1858
  3. Riley v. StateTexas Supreme Court · 1870

3Cited by14 opinions

  1. Bigham v. StateCourt of Criminal Appeals of Texas · 1941
  2. Territory of New Mexico v. HaleNew Mexico Supreme Court · 1905
  3. Butler v. StateCourt of Criminal Appeals of Texas · 1904
  4. Hartnett v. StateCourt of Criminal Appeals of Texas · 1909
  5. Lewis v. StateCourt of Appeals of Texas · 1889

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