Legal Opinion

State v. Clarkson

Supreme Court of Missouri

Decided February 15, 1875PublishedCited by 5 opinions

Appeal from Linn Circuit Court. I. The court erred in quashing the first count in the indictment, the offense being charged in the language of the statute (Wagn. Stat., 459, 460, § 41), and a statutory offense, it is not necessary to state the manner or means of the alleged conversion. (Whart. A.m. Crim. Law, 3d Ed., ch. 5, pp. 185-6; State vs. Mitchell, 6 Mo., 147; Spratt vs. State, 8 Mo., 247; State vs. Fulton, 19 Mo., 680; State vs. Cox, 29 Mo., 475.) II.

Read the full summary

Appeal from Linn Circuit Court. I. The court erred in quashing the first count in the indictment, the offense being charged in the language of the statute (Wagn. Stat., 459, 460, § 41), and a statutory offense, it is not necessary to state the manner or means of the alleged conversion. (Whart. A.m. Crim. Law, 3d Ed., ch. 5, pp. 185-6; State vs. Mitchell, 6 Mo., 147; Spratt vs. State, 8 Mo., 247; State vs. Fulton, 19 Mo., 680; State vs. Cox, 29 Mo., 475.) II. If the funds were for the purpose of paying the interest on the railroad bonds of Jefferson Township, they were properly designated in…

1Opinion of the CourtWagner, Judge

This was an indictment under the statute (Wagn. Stat., 459, § 41, Ed. 1872) for embezzlement, against the defendant who was Treasurer of Linn county.

The indictment contained two counts. The first count set out the election and qualification of the defendant, as Treasurer, and alleged that, as such Treasurer, he was charged with the safe keeping, transfer and disbursement of the public moneys of the county ; and while being such, he unlawfully, corruptly, wilfully, knowingly and feloniously did convert to his own use, a portion of the public moneys received by him as Treasurer for safe…

2Cases cited1 opinion

  1. State ex rel. North Missouri Central Railroad v. Linn County CourtSupreme Court of Missouri · 1869

3Cited by5 opinions

  1. State v. FlintSupreme Court of Missouri · 1876
  2. State v. ManleySupreme Court of Missouri · 1891
  3. Sherlock v. Duck Creek TownshipSupreme Court of Missouri · 1936
  4. State v. LonneNorth Dakota Supreme Court · 1906
  5. State v. RossSupreme Court of Missouri · 1926

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API