In re Huston
Idaho Supreme Court
Original application in this court by Fred L. Huston for a writ of habeas corpus. In all eases where it has been sought to indict state or county auditors under the provisions of this statute, it has been held that such officers are not4 4 charged with the receipt, safekeeping, transfer or disbursement of public moneys” within the meaning -of this statute.
Read the full summary
Original application in this court by Fred L. Huston for a writ of habeas corpus. In all eases where it has been sought to indict state or county auditors under the provisions of this statute, it has been held that such officers are not4 4 charged with the receipt, safekeeping, transfer or disbursement of public moneys” within the meaning -of this statute. (State v. Newton, 26 Ohio St. 265■ State v. Myers, 56 Ohio St. 340, 47 N. E. 138; Moore v. State, 53 Neb. 831, 74 N. W. 319; State v. Moore, 56 Neb. 82, 76 N. W. 474; Sherrick v. State, 167 Ind. 345, 79 N. E. 193; State v. Pierson, 83 Ohio…
1Opinion of the Court
BUDGE, J.-
— The petitioner, Fred L. Huston, auditor of
the state of Idaho, was indicted by the grand jury of Ada county, on January 13, 1915, which indictment, eliminating the title, reads as follows:
“James IT. Wallis and F. L. Huston are accused by the Grand Jury of the County of Ada, in the State of Idaho, by this indictment of the crime of without authority of law appropriating public moneys committed as follows, to wit: That on or about the twentieth day of August, 1914, and before the finding of this indictment at Boise, in the County of Ada, State of Idaho, the said James H. Wallis then…
2Cases cited22 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Shattuck v. KincaidOregon Supreme Court · 1897
- State ex rel. Crawford v. HastingsWisconsin Supreme Court · 1860
- Sherrick v. StateIndiana Supreme Court · 1906
- Gibson v. KayOregon Supreme Court · 1914
17 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Herrick v. GalletIdaho Supreme Court · 1922
- Hancey v. United StatesCourt of Appeals for the Tenth Circuit · 1940
- Blaine County Investment Co. v. GalletIdaho Supreme Court · 1922
- State v. BellIdaho Supreme Court · 1962
- Gem Irrigation District v. GalletIdaho Supreme Court · 1927
6 more not listed; retrieve them via the Exa API.