State v. Brown
Missouri Court of Appeals
Appeal from Jackson Criminal Court.- — Now. Jno. W. Wofford, Judge. (1) “On the charge of embezzlement by agent or bailee, the agency or bailment must be proved.” State v. Myers, 68 Mo. 266; State v. Dodson, 72 Mo. 283. (2) We do not dispute what constitutes the crime o'f embezzlement, as defined by this court in State v. Cunningham, 154 Mo. 180, and it is immaterial to what wrongful use the money or property is intended.
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Appeal from Jackson Criminal Court.- — Now. Jno. W. Wofford, Judge. (1) “On the charge of embezzlement by agent or bailee, the agency or bailment must be proved.” State v. Myers, 68 Mo. 266; State v. Dodson, 72 Mo. 283. (2) We do not dispute what constitutes the crime o'f embezzlement, as defined by this court in State v. Cunningham, 154 Mo. 180, and it is immaterial to what wrongful use the money or property is intended. If the servant diverts its course towards its destination, to make it his own, He embezzles it. State v. Cunningham, supra. And, we apprehend, no one will question, 4 4 The…
1Opinion of the CourtFox, J.
On May 5, 1902, H. S. Hadley, prosecuting attorney of Jackson county, filed in the criminal court of Jackson county, at Kansas City, an information based upon section 1912, Revised Statutes 1899, as follows, ommitting formal parts:
4 4 Now comes Herbert S. Hadley, prosecuting attor*480ney for the State of Missouri, in and for the body of the county of Jackson, and upon his official oath informs the court, that J. L. Brown, whose Christian name in full is unknown to said prosecuting attorney, late of the county aforesaid, on February 7, 1902, at the county of Jackson, State aforesaid, being then…
2Cases cited5 opinions
- Maxey v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- State ex rel. Ziegenhein v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1893
- Chapman v. Kansas City, Clinton & Springfield RailroadSupreme Court of Missouri · 1893
- State v. CunninghamSupreme Court of Missouri · 1900
- Enterprise Soap Works v. SayersMissouri Court of Appeals · 1893
3Cited by7 opinions
- State v. HardinMissouri Court of Appeals · 1982
- State v. AdamsMissouri Court of Appeals · 1976
- State v. CochranSupreme Court of Missouri · 1935
- State v. MorrisMissouri Court of Appeals · 1985
- State v. WatkinsSupreme Court of Missouri · 1935
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