State v. Burgess
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Hon. W. 8. C. Walker, Judge. (1) The information in this case is fatally defective. The second subdivision of the statute does not denounce embezzlement, but the offense of making way with and secreting the property with intent to embezzle.
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Appeal from Pemiscot Circuit Court. — Hon. W. 8. C. Walker, Judge. (1) The information in this case is fatally defective. The second subdivision of the statute does not denounce embezzlement, but the offense of making way with and secreting the property with intent to embezzle. State v. Lentz, 184 Mo. 237; State v. Larew, 191 Mo. 199. The gravamen of the offense herein is the intent to embezzle or convert to his own use, yet this information does not charge that this act of making way with and secreting the money was “with the felonious and fraudulent intent to embezzle and convert.” It does…
1Opinion of the CourtRevelle, J.
— On the 8th day of June, 1915, the prosecuting attorney of Pemiscot County, Missouri, filed in the circuit court of that county a duly verified information charging that the defendant fraudulently and feloniously made away with and secreted certain property of one S. G. Hayden, with intent to embezzle and convert same to his own use. Upon trial he was found “guilty of larceny as charged in the information,” and his punishment assessed at imprisonment in the penitentiary for a term of three years.
On the part of the State the evidence tends to prove that in December, 1912, and in accordance…
2Cases cited13 opinions
- State v. LentzSupreme Court of Missouri · 1904
- State v. CollinsSupreme Court of Missouri · 1915
- State v. CunninghamSupreme Court of Missouri · 1900
- State v. BroderickMissouri Court of Appeals · 1879
- Crocker v. StateSupreme Court of Georgia · 1873
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. YoungSupreme Court of Missouri · 1939
- State v. SmithWashington Supreme Court · 1939
- State v. TiptonSupreme Court of Missouri · 1925
- State v. BowlesSupreme Court of Missouri · 1962
- State v. AffrontiSupreme Court of Missouri · 1922
7 more not listed; retrieve them via the Exa API.