Legal Opinion

State v. Johnson

Supreme Court of Iowa

Decided September 17, 1878PublishedCited by 7 opinions

Appeal from Dubuque District Court. It is charged in the indictment that the defendant, being agent and servant of G. C. Heberling, as such, and by virtue of his employment, received a certain sum of money which he feloniously and fraudulently embezzled,- and converted to his own use. The defendant was convicted, and appeals.

1Opinion of the Court

Servers, I.

l. criminal law: embezzlement:principal and agent. The indictment is founded on section 3909 of the Code, which provides : “If any officer, agent, clerk or servant of anyincorporated company, or if anyclerk or serv- . ant of a copartnership, or if any person over the age of sixteen years embezzle and fraudulently convert to his own use, without the consent of his employer or master, any money or property of another which has come to his possession, or is under his care by virtue of such employment, he is guilty of larceny and shall be punished accordingly.”

The facts are that Mr.…

2Cited by7 opinions

  1. Sherrick v. StateIndiana Supreme Court · 1906
  2. State v. CarmeanSupreme Court of Iowa · 1905
  3. Moore v. StateNebraska Supreme Court · 1898
  4. Weldon v. StateAlabama Court of Appeals · 1919
  5. Christner v. StateCourt of Criminal Appeals of Oklahoma · 1927

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