Legal Opinion

Herrington v. State

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 18 opinions

From the Circuit Court of Conecuh. Tried before the Hon. John P. Hubbard. The defendant and petitioner in this case, W. H. Herring-ton, was indicted for embezzlement; the indictment being found in October, 1886, and charging, in different counts, embezzlement of the county revenues, and embezzlement by an agent or bailee.

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From the Circuit Court of Conecuh. Tried before the Hon. John P. Hubbard. The defendant and petitioner in this case, W. H. Herring-ton, was indicted for embezzlement; the indictment being found in October, 1886, and charging, in different counts, embezzlement of the county revenues, and embezzlement by an agent or bailee. Being duly arraigned and put on his trial, the defendant pleaded guilty to the first count in the indictment, and a nolle-pros, was entered as to the ethers ; and the court thereupon rendered judgment sentencing him to imprisonment in the penitentiary for the term of one…

1Opinion of the CourtStone, C. J.

The petitioner for habeas corpus — appellant in the case on error — was indicted for embezzlement under section 1275 of the Code of 1876, pleaded guilty, and was convicted. Up to this point, it is not complained that the trial court committed any error. Only the judgment of the .court is complained of. The defendant was sentenced to .confinement in the penitentiary for one year.

The statute under which the defendant was tried and convicted was a section of the Revenue Law, approved March 6, 1876. — Sess. Acts, pp. 8¿G5. Its language is: “That if any officer, or person, knowingly converts or…

2Cases cited5 opinions

  1. Gunter v. StateSupreme Court of Alabama · 1887
  2. Ex parte McKivettSupreme Court of Alabama · 1876
  3. Ex parte SimmonsSupreme Court of Alabama · 1878
  4. State v. MetcalfeSupreme Court of Alabama · 1883
  5. Ex parte BuckalewSupreme Court of Alabama · 1887

3Cited by18 opinions

  1. State v. TyreeSupreme Court of Kansas · 1904
  2. Zaner v. StateSupreme Court of Alabama · 1891
  3. Artrip v. StateAlabama Court of Appeals · 1962
  4. Jordan v. SwopeNew Mexico Supreme Court · 1932
  5. Guin v. City of TuscaloosaAlabama Court of Appeals · 1925

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