Legal Opinion · Dissent

Warren County v. Elmore

Supreme Court of Iowa

Decided December 16, 1958No. 49588Published

1DissentOliver, J.

(dissenting) — -I feel compelled to dissent.

In State v. Elmore, 246 Iowa 1318, 1329, 1330, 70 N.W.2d 166, 172, we said, unanimously:

“At the outset it is well to observe the defendant cannot be found guilty merely because he kept the affairs of his office in a slipshod and unbusinesslike manner. * * * defendant can only be found guilty upon the State’s evidence that he converted public money to his own use.”

Now the majority, most of whom joined in the foregoing statement, repudiate it, stating:

“Mr. Elmore was, of course, to blame for this foolish effort to avoid running all county items…

2Cases cited1 opinion

  1. State v. ElmoreSupreme Court of Iowa · 1955

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