Corbin v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. A. H. Alston . Jim Corbin was convicted of embezzlement as notary public and ex officio justice of the peace, and appeals.
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Appeal from Jefferson Criminal Court. Heard before Hon. A. H. Alston . Jim Corbin was convicted of embezzlement as notary public and ex officio justice of the peace, and appeals. The facts necessary for a decision of this case are as follows: The defendant was indicted under section 6838 of the Code; and the indictment in two counts charged that the defendant, as a notary public and ex officio justice of the peace, embezzled money received by him in his official capacity; and in two counts charged that the defendant, as a notary public, embezzled, etc. The evidence for the state tended to…
1Opinion of the CourtSamford, J.
1. The indictment in all of its counts follows the Code form, and is not subject to demurrer. — Marsh v. State, 3 Ala. App. 83, 57 South. 387; Hankinson v. State, 2 Ala. App. 110, 57 South. 61.(1) 2. The question of whether the defendant was a notary public or a notary public and ex officio justice of the peace was one of proof, and this could not be raised by demurrer to the indictment.(2) 3. The contention of the defendant is that, under the facts, if guilty at all, it is of a violation of section 7488 of the Code, fixing a penalty for a failure to keep a docket and make settlement as…
2Cases cited3 opinions
- State ex rel. Turner v. HendersonSupreme Court of Alabama · 1917
- Marsh v. StateAlabama Court of Appeals · 1912
- Hankinson v. StateAlabama Court of Appeals · 1911
3Cited by5 opinions
- Enzor v. StateAlabama Court of Appeals · 1936
- American Life Insurance v. United States Fidelity & Guaranty Co.Michigan Supreme Court · 1933
- United States v. TitusDistrict Court, D. New Jersey · 1946
- State v. SmithAlabama Court of Appeals · 1944
- Kramer v. StateAlabama Court of Appeals · 1917