Legal Opinion

State v. Palmer

Supreme Court of Louisiana

Decided April 15, 1880No. 7858PublishedCited by 8 opinions

APPEAL from the Superior Criminal Court, parish of Orleans. Whitaker, J. The accused is indicted under Sec. 907 of the Rev. Stat. of 1870, which does not require that the bank officer charged with embezzlement should have been in possession of the money. A defendant may move an arrest of judgment for all defects which are not cured by verdict; but not for a mere formal defect.

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APPEAL from the Superior Criminal Court, parish of Orleans. Whitaker, J. The accused is indicted under Sec. 907 of the Rev. Stat. of 1870, which does not require that the bank officer charged with embezzlement should have been in possession of the money. A defendant may move an arrest of judgment for all defects which are not cured by verdict; but not for a mere formal defect. The reasons alleged in this Defendant’s Motion are all matters of form. 1 Archbold, 671; 4 Burr, 2287 ; 1 Lord Roym, 281; 1 Salk. 77, 315 ; 1 Sed. 65 ; 7 Black, p. 282 ; 8 Sm. and Marsh. 573; 2 Poll. Ab. 716; 3 Black.…

1Opinion of the Court

The opinion of the Court was delivered by

Levy, J.

The defendant, Edward C.' Palmer, was indicted, tried, convicted, and sentenced to three years imprisonment at hard labor, on the charge as set forth in the two counts of the indictment; 1st. That “ being the President of a bank chartered by the State of Louisiana, to wit: the Louisiana Savings Bank and Safe Deposit Company, and acting • as such, feloniously, knowingly, and willfiilly, did wrongfully use, dispose -of, conceal, and otherwise embezzle and convert to his own use certain •money, to wit, the sum of forty-seven thousand four hundred…

2Cited by8 opinions

  1. State v. DudenheferSupreme Court of Louisiana · 1908
  2. State v. RoseSupreme Court of Louisiana · 1910
  3. State v. SchwartzSupreme Court of Louisiana · 1915
  4. State v. GulizoSupreme Court of Louisiana · 1921
  5. State v. JonesSupreme Court of Louisiana · 1902

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