Legal Opinion

State v. Bittinger

Supreme Court of Missouri

Decided February 15, 1874PublishedCited by 9 opinions

Jt.ppe.al from, Buchanan Circuit Court. I. It is not necessary that tbe indictment should, aver. that, tbe Asylum bad been permanently located at; or near Saint; Joseph, Missouri. Tbe location cannot affect, either the ownership of - the warrant or the money, prior to its delivery, to the commissioners, nor the guilt or innpcenceof respondent.

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Jt.ppe.al from, Buchanan Circuit Court. I. It is not necessary that tbe indictment should, aver. that, tbe Asylum bad been permanently located at; or near Saint; Joseph, Missouri. Tbe location cannot affect, either the ownership of - the warrant or the money, prior to its delivery, to the commissioners, nor the guilt or innpcenceof respondent. The conversjpp p£ the $15,000.00, to hip,use, and the.making-away.with and. secreting tjhe.money, constituted a, felony under § 41 p. 459-60 Wagn. Stat., at. all evenfs. I. The money, came ,intp respondent’s. hands, if it. all,, under the act.'of Ma¡rch…

1Opinion of the CourtWagnek, Judge

The defendant was indicted under the 41st section of the statute (1 Wagn. Stat., p. 459, § 41), for embezzlement in converting to his own use, making way witli and secreting money belonging to the County of Buchanan to the amount of fifteen thousand dollars. The indictment contained two counts. The first charged that on the 25th day of May, 1872, defendant was appointed, employed, and acting as agent and commissioner of Buchanan county; that said appointment, was made by an order of the County Court entered of record, by virtue of an act of the General Assembly of the State of Missouri,…

2Cases cited4 opinions

  1. Almy v. HarrisNew York Supreme Court · 1809
  2. Calking v. BaldwinNew York Supreme Court · 1830
  3. Smith v. Lockwood & WoodNew York Supreme Court · 1852
  4. Baker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865

3Cited by9 opinions

  1. Hickman v. City of KansasSupreme Court of Missouri · 1894
  2. Grimes v. Central Life InsuranceCourt of Appeals of Kentucky · 1916
  3. Markowitz v. Kansas CitySupreme Court of Missouri · 1894
  4. Young v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1889
  5. State ex rel. Keshlear v. SloverSupreme Court of Missouri · 1896

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