Storms v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; statement by the court. The appellant was indicted as follows: “The said defendant, in the county and district aforesaid, on the 1st day of September, 1905, and being then and there the bailee of Ft. Smith Commission Company, a corporation, and as such bailee having received from Dave Mayo, Tom O’Leary and Frank Mason $10.50, gold, silver and paper money of the value of $10.50, the property of said Ft.
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Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; statement by the court. The appellant was indicted as follows: “The said defendant, in the county and district aforesaid, on the 1st day of September, 1905, and being then and there the bailee of Ft. Smith Commission Company, a corporation, and as such bailee having received from Dave Mayo, Tom O’Leary and Frank Mason $10.50, gold, silver and paper money of the value of $10.50, the property of said Ft. Smith Commission Company, a corporation as -aforesaid, and being then and there the bailee of said Ft. Smith Commission Company,…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The indictment is good. The term “bailee” is used in the statute, section 1839, Kirby’s Digest. Alleging that a person received as a “bailee” certain money is sufficient to advise such person that he came into possession of the money of another to be held for the other for some special purpose, upon the accomplishment of which special purpose the money is to be returned or delivered over. Schouler on Bailments, § 2.
The indictment does not charge two separate and distinct offenses. The crime alleged in the indictment is embezzlement which, committed under…
2Cases cited3 opinions
- Howard v. StateSupreme Court of Arkansas · 1904
- Johnson v. StateSupreme Court of Arkansas · 1905
- Benton v. StateSupreme Court of Arkansas · 1906
3Cited by6 opinions
- Lacey v. StateAlabama Court of Appeals · 1915
- Phelps v. StateArizona Supreme Court · 1923
- Collins v. StateSupreme Court of Arkansas · 1940
- Hedden v. StateSupreme Court of Arkansas · 1929
- Housley v. StateSupreme Court of Arkansas · 1920
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