State v. Noland
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. (4. D. Burgess,. Judge. The indictment should have been quashed: First.. Because it was drawn under section 3555, Revised Statutes, 1889, when it should have been drawn under the special treasury law. Revised Statutes, 1889, ch. 164. The special law repealed the general law in regard to embezzlement by public officers, in so far as it applied to the state treasury.
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Appeal from Cole Circuit Court. — Hon. (4. D. Burgess,. Judge. The indictment should have been quashed: First.. Because it was drawn under section 3555, Revised Statutes, 1889, when it should have been drawn under the special treasury law. Revised Statutes, 1889, ch. 164. The special law repealed the general law in regard to embezzlement by public officers, in so far as it applied to the state treasury. State v. Green, 87 Mo. 585; State v. Bitting er, 55 Mo. 596; State v. Debar, 58 Mo. 395; State v. Clark, 54 Mo. 17; State v. Newton, 26 Ohio St. 265; State v. Wells, 112 Ind. 237; State v.…
1Opinion of the CourtGantt, P. J.
At the general election held in November, 1888, the defendant was duly elected state treasurer of Missouri. . He gave bond, qualified as required by law and entered upon the discharge of his duties January 14, 1889.-
At the May term, 1890, of the circuit court of Cole • county, the defendant was indicted for embezzling the public moneys while acting in the capacity of state . treasurer. The indictment is in three counts, and is .drawn under section 3555 of the Revised Statutes of 1889. All three of the counts charge an embezzlement .of these public moneys: The first, the sum of $1,150, January…
2Cases cited34 opinions
- People v. McKinneyMichigan Supreme Court · 1862
- Ker v. PeopleIllinois Supreme Court · 1884
- State v. TullerSupreme Court of Connecticut · 1867
- Goodhue v. PeopleIllinois Supreme Court · 1879
- Mayo v. StateSupreme Court of Alabama · 1857
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3Cited by48 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. HarrisSupreme Court of Missouri · 1958
- State v. DoughertySupreme Court of Missouri · 1949
- Hagood v. StateCourt of Appeals of Georgia · 1908
- State v. GoddardSupreme Court of Missouri · 1901
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