Legal Opinion

State v. Spaulding

Supreme Court of Iowa

Decided October 5, 1897PublishedCited by 49 opinions

Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. The defendant was indicted and tried for the crime of embezzlement of public money. At the close of the evidence for the state the defendant moved the court to instruct the jury to return a verdict of not guilty. The motion was sustained, and a verdict returned accordingly and the defendant 'discharged. The state appeals.

1Opinion of the CourtKinne, C. J.

*6411 2 *640I. Section 8908 of the Code of 1878 provides: “If any state, county, township, school or municipal officer, or officer of any state institution, or other public officer within the state, charged with the collection, safe keeping, transfer or disbursement *641of public money, fails or refuses to keep in any place of deposit that may be provided by law for keeping such money, * * * or unlawfully converts to his own use in any way whatever, or use by way of investment in any kind of property * * * or converts to his own use any money that may come into his hands by virtue of his office shall be…

2Cases cited16 opinions

  1. United States v. HartwellSupreme Court of the United States · 1868
  2. Attorney-General ex rel. Bashford v. BarstowWisconsin Supreme Court · 1856
  3. The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
  4. People ex rel. Throop v. LangdonMichigan Supreme Court · 1879
  5. Shelby v. AlcornMississippi Supreme Court · 1858

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3Cited by49 opinions

  1. State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
  2. Farley v. Board of Education of City of PerrySupreme Court of Oklahoma · 1917
  3. Wood v. MillerSupreme Court of Arkansas · 1922
  4. Solomon v. StateSupreme Court of Kansas · 2015
  5. State Ex Rel. Stage v. MacKieSupreme Court of Connecticut · 1909

44 more not listed; retrieve them via the Exa API.

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