State v. Reddick
South Dakota Supreme Court
Error to circuit court, Hamlin county. Hon. J. O. Andrews, Judge. Indictment charging defendant, a member of a partnership, with embezzlement of the partnership funds. The defendant demurred to the indictment on the ground, among others, that it did not state a public offense, and the demurrer was sustained. The state brings error to this court. The material facts are stated in the opinion.
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Error to circuit court, Hamlin county. Hon. J. O. Andrews, Judge. Indictment charging defendant, a member of a partnership, with embezzlement of the partnership funds. The defendant demurred to the indictment on the ground, among others, that it did not state a public offense, and the demurrer was sustained. The state brings error to this court. The material facts are stated in the opinion. It is an undisputed and firmly established rule in criminal procedure that a partner cannot embezzle partnership funds, State v. Butman, 61 N. H. 511; State v. Kusnick, 45 O. St. 585; State v. Kent, 22…
1Opinion of the CourtKellam, P. J.
The indictment in this case and the demurrer thereto present the question whether, in this state, a general partner who fraudulently and with felonious intent misappropriates the funds of the partnership of which he is a member is thereby guilty of the statutory crime of embezzle*125ment, the indictment setting out the facts fully. The state, being plaintiff in error, maintains the affirmative, and presents the following argument: Section 4036, Comp. Laws, declares: ‘ ‘The relations of partners are confidential. They are trustees for each other within the meaning of chapter 1 of the title on…
2Cases cited2 opinions
- State v. KentSupreme Court of Minnesota · 1875
- Van Etten v. StateNebraska Supreme Court · 1888
3Cited by9 opinions
- People v. SobiekCalifornia Court of Appeal · 1973
- State v. SandersArizona Supreme Court · 1921
- State v. GardSouth Dakota Supreme Court · 2007
- State v. ElsburyNevada Supreme Court · 1946
- State v. QuinnSupreme Court of Iowa · 1954
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