Fleener v. State
Supreme Court of Arkansas
Appeal from Saint Francis Circuit Court. Grant Green, Jr., Judge. 1. The indictment is bad. It does not directly or sufficiently charge that the defendant was the agent or clerk of an incorporated company; that he made way with money without the consent of his employer; that the money “belong~ed to another -person;'’ that it “came to his possession by virtue of his employment.” 12 Ark. 608. It should have described the money. 48 Ark. 36; 51 Id. 119 ; Id. 114 ; 2 Bish. Cr.
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Appeal from Saint Francis Circuit Court. Grant Green, Jr., Judge. 1. The indictment is bad. It does not directly or sufficiently charge that the defendant was the agent or clerk of an incorporated company; that he made way with money without the consent of his employer; that the money “belong~ed to another -person;'’ that it “came to his possession by virtue of his employment.” 12 Ark. 608. It should have described the money. 48 Ark. 36; 51 Id. 119 ; Id. 114 ; 2 Bish. Cr. Law (9th ed), sec. 374 ; 6 Am. & Eng. Enc. Law, par. 4; 29 Ark. 68; 42 Ark. 517 ; 37 Id. 444 ; Id. 447 ; 54 Id. 611. It…
1Opinion of the CourtBunn, C. J.
The defendant, A. W. Fleener, was indicted at- the October term, 1892, of the St. Francis circuit court, for the crime of embezzlement; at the March term, 1893, found guilty and sentenced to imprisonment in .the penitentiary for the period of one year. Motions in arrest of judgment and also for a new trial were overruled, and appeal taken to this court.
The indictment, omitting formal parts, is as follows, to-wit: The said A. W. Fleener, on the 15th day of June, 1892, in the county of St. Francis, aforesaid, then and there being over the ag'e of sixteen years, and being the agent of the…
2Cases cited11 opinions
- State v. PorterSupreme Court of Missouri · 1858
- People v. HennesseyNew York Supreme Court · 1836
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- State v. KentSupreme Court of Minnesota · 1875
- State v. WardSupreme Court of Arkansas · 1886
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