Commonwealth v. Mentzer
Supreme Court of Pennsylvania
Appeal, No. 111, July T., 1893, by defendant, from judgment of Q. S. Lancaster Co., Nov. T., 1892, No. 119, on verdict of guilty. Indictment for embezzlement.
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Appeal, No. 111, July T., 1893, by defendant, from judgment of Q. S. Lancaster Co., Nov. T., 1892, No. 119, on verdict of guilty. Indictment for embezzlement. The indictment was as follows: “ The grand inquest of the commonwealth of Pennsylvania inquiring for the said county upon their oaths and affirmations respectively do present that John W. Mentzer, on the 19bh day of August, A. D. 1891, and on divers other days and times before and since at the county of Lancaster and within the jurisdiction of this court being then and there the duly elected and lawfully commissioned prothonotary of the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The sixty-fifth section of the act of March 31, 1860, clearly specifies four distinct and separate acts with reference to public money, which shall constitute the offence of embezzlement, to-wit, conversion to the officer’s own use, investment in property or merchandise, becoming a defaulter, or failing to pay over on proper demand. These are enumerated in the disjunctive, and it is further declared that “ every such act” shall be deemed and adjudged an embezzlement. Each of these acts therefore, though of very varying character and degree of moral turpitude, is…
2Cases cited1 opinion
- Commonwealth v. MillerSupreme Court of Pennsylvania · 1884
3Cited by32 opinions
- Commonwealth Ex Rel. Moszczynski v. AsheSupreme Court of Pennsylvania · 1941
- Commonwealth v. ShieldsSuperior Court of Pennsylvania · 1912
- Commonwealth Ex Rel. Ciampoli v. HestonSupreme Court of Pennsylvania · 1928
- Commonwealth v. HallSuperior Court of Pennsylvania · 1903
- Commonwealth v. ZeitlerSuperior Court of Pennsylvania · 1922
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