Territory of New Mexico v. Hale
New Mexico Supreme Court
Appeal from the district court of San Miguel county, before William J. Mills, Chief Justice. The indictment does not sufficiently describe the money alleged to have been embezzled. State v. Kroeger, 47 Mo. 531; Bishop’s Criminal Practice, Sec. 703, 704; State v. Morey, 2 Wis. 362; State v. Longbottoms, 11 Humph. (Tenn.) 39; Bice Cr.
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Appeal from the district court of San Miguel county, before William J. Mills, Chief Justice. The indictment does not sufficiently describe the money alleged to have been embezzled. State v. Kroeger, 47 Mo. 531; Bishop’s Criminal Practice, Sec. 703, 704; State v. Morey, 2 Wis. 362; State v. Longbottoms, 11 Humph. (Tenn.) 39; Bice Cr. Ev. 451; State v. Denton, 22 Atl. 305; State v. Ward, 2 S. W. 191; Tyler v. State, 16 S. W. 302. In ease of money unless there is a statutory provision to the contrarjp there must be some description. McClain Cr. L. 2 Vol. 660. Value must be averred, or such form…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
1 The appellant was tried and convicted of embezzlement upon an indictment containing several counts and based upon Section 1125 of the Compiled Laws of 1897, which is as follows:
“Sec. 1125. If any person, having in his possession any moneys belonging to this Territory, or any county, precinct or city, or in which this Territory or any collector or treasurer of any precinct or county, or the treasurer or disbursing officer of this Territory, or any other person holding an office under the laws of this Territory, to whom is entrusted by virtue of his office, or…
2Cases cited25 opinions
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- People v. McKinneyMichigan Supreme Court · 1862
- Bartley v. StateNebraska Supreme Court · 1898
- State v. KrugWashington Supreme Court · 1895
- Duvall v. StateSupreme Court of Alabama · 1879
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3Cited by9 opinions
- State v. RileyWest Virginia Supreme Court · 1966
- Natseway v. JojolaNew Mexico Supreme Court · 1952
- State v. ArchuletaNew Mexico Court of Appeals · 1970
- State v. MorenoSupreme Court of Connecticut · 1968
- Evans v. StateCourt of Criminal Appeals of Alabama · 1977
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