State v. Mahan
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) There is a very important and just distinction between an officer who collects and handles public money and one who collects and handles private money. A constable in collecting executions is under law collecting and handling private money. He may have many executions in favor of one plaintiff, and against as many defendants.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) There is a very important and just distinction between an officer who collects and handles public money and one who collects and handles private money. A constable in collecting executions is under law collecting and handling private money. He may have many executions in favor of one plaintiff, and against as many defendants. He is charged with embezzling money belonging to this plaintiff, but he is not informed by the indictment on what execution this money was collected nor from whom collected. (2) There is no excuse whatever…
1Opinion of the CourtSherwood, J.
The defendant was indicted for embezzling as constable of Howell township in Howell county, a certain sum of money, the money of one Pitts, on the-day of March, 1894.
The indictment is as follows: “The grand jurors of the State of Missouri, summoned for the body of Howell county, impaneled, sworn and charged to inquire within and for the body of Howell county, upon *115their oaths, present aud charge that J. S. Mahan, late of the county aforesaid, on or about the-day of March, 1894, at the county of Howell, State aforesaid, then and there was an officer duly appointed and qualified by virtue of…
2Cited by6 opinions
- State v. RimaSupreme Court of Missouri · 1965
- State v. ScottSupreme Court of Missouri · 1903
- State v. HarrisSupreme Court of Missouri · 1929
- State v. GordonSupreme Court of Missouri · 1906
- Centerville State Bank v. National Surety Co.District Court, D. Kansas · 1928
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