Bishop v. State
Supreme Court of Georgia
Indictment for embezzlement. Before Judge Roan. Eulton superior court. June 23, 1903. The indictment charged Mathews and Bishop with the offense of embezzlement, for that they “ did embezzle, steal,' secrete, and fraudulently take and carry away, with intent to steal the same, the sum of ten thousand dollars, being the money and property of the Piedmont Loan and Banking Company, a corporate body in this State, and a corporation duly incorporated under the laws of this State,…
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Indictment for embezzlement. Before Judge Roan. Eulton superior court. June 23, 1903. The indictment charged Mathews and Bishop with the offense of embezzlement, for that they “ did embezzle, steal,' secrete, and fraudulently take and carry away, with intent to steal the same, the sum of ten thousand dollars, being the money and property of the Piedmont Loan and Banking Company, a corporate body in this State, and a corporation duly incorporated under the laws of this State, the said embezzlement . . being committed in pursuance of and in the execution of an unlawful conspiracy, combination,…
1Opinion of the CourtLamar, J.
The only point argued in the brief is that one can not be accessory where he could not have been the principal; that the offense defined in the Penal Code, § 188, can only be committed by officers or employees of a corporation; and as Bishop was not connected with the bank, it was legally impossible for him to be guilty of embezzlement, or of conspiring, aiding, and abetting Mathews, the president, in secreting, taking and carrying away the property alleged to have been misappropriated.
There are many offenses which can only be committed by particular classes of the community; bigamy by…
2Cases cited3 opinions
- Boggus v. StateSupreme Court of Georgia · 1866
- Nobles v. StateSupreme Court of Georgia · 1896
- State v. . BerrySupreme Court of North Carolina · 1880
3Cited by29 opinions
- Rawlins v. StateSupreme Court of Georgia · 1905
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- Daniels v. StateCourt of Appeals of Georgia · 1938
- State v. FurthWashington Supreme Court · 1914
- State Ex Rel. Brown v. ThompsonWest Virginia Supreme Court · 1965
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