State v. Moreaux
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. Ralph 8. Latshaw, Judge. (1) The court erred in not sustaining the demurrer to the evidence in that the evidence submitted proved that he was president and treasurer of the corporation and not agent, servant or collector, as charged in the information. R. S. 1909, sec. 4550; Kiles v. People, 81 111. 600; People v. Allen, 5 Denio (N. Y.), 79; Comm. v. Wyman, 8 Met.
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Appeal from Jackson Criminal Court. — Hon. Ralph 8. Latshaw, Judge. (1) The court erred in not sustaining the demurrer to the evidence in that the evidence submitted proved that he was president and treasurer of the corporation and not agent, servant or collector, as charged in the information. R. S. 1909, sec. 4550; Kiles v. People, 81 111. 600; People v. Allen, 5 Denio (N. Y.), 79; Comm. v. Wyman, 8 Met. (Mass.) 259; Comm. v. Tuekerman, 10 Cray (Mass.), 190; Reg. v. Walker, 8 Cox O. C. 1; Reg. v„ Tyrie, 11 Cox C. C. 241; Williams ■ v. Stott, 3 Tyrwhitt, 688; Hammel v. State, 5 Mo. 264. (2)…
1Opinion of the CourtWalker, J.
The appellant was convicted in the criminal court of Jackson county, of embezzlement, and .sentenced to three years’ imprisonment in the penitentiary, from which he appeals to this court.
Omitting formal matter, the correctness of which is not questioned, the information is as follows:
“On the 16th day of February, 1912, at the county ■of Jackson, State aforesaid, being then and there the agent, clerk, collector and servant of the Bass Thousand-Acre Ranch Company, a corporation, duly organized and existing under the laws of the State of Montana (the said Augustus T. Moreaux not being then and…
2Cases cited15 opinions
- Ex parte HedleyCalifornia Supreme Court · 1866
- Jackson v. StateSupreme Court of Alabama · 1885
- State v. MispagelSupreme Court of Missouri · 1907
- Commonwealth v. HusseyMassachusetts Supreme Judicial Court · 1873
- State v. KnowlesSupreme Court of Missouri · 1904
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. HarringtonSupreme Court of Missouri · 1976
- State v. FergusonSouth Dakota Supreme Court · 1925
- State v. PopeSupreme Court of Missouri · 1936
- State v. FravinSouth Dakota Supreme Court · 1915
- State v. ListonSupreme Court of Missouri · 1928
11 more not listed; retrieve them via the Exa API.