Legal Opinion

State v. Stoller

Supreme Court of Iowa

Decided June 3, 1874PublishedCited by 2 opinions

Appeal from Jones District Court. The defendant was indicted for embezzlement. The indictment charges that the defendant “ on the first day of January, 1871, was engaged in and carrying on the business or employment of a warehouseman in the town of Anamosa, in Jones county, Iowa, and while so engaged and employed, to-wit: on or about the first day of April, 1871, one John Cheshire delivered to said A. Stoller, at the place aforesaid a large amount of grain, to-wit: one…

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Appeal from Jones District Court. The defendant was indicted for embezzlement. The indictment charges that the defendant “ on the first day of January, 1871, was engaged in and carrying on the business or employment of a warehouseman in the town of Anamosa, in Jones county, Iowa, and while so engaged and employed, to-wit: on or about the first day of April, 1871, one John Cheshire delivered to said A. Stoller, at the place aforesaid a large amount of grain, to-wit: one thousand and seventeen bushels of wheat of the value of one thousand and two hundred dollars, the same then and there being…

1Opinion of the CourtCole, J.

— Our statute, upon which this indictment is based, is Rev. of 1860, § 4245, which is identical with the Code of 1873, § 3910. It is as follows: “If any carrier or other person, to whom any money, goods or other property which may be the subject of larceny, has been delivered to be carried for hire, or if any other person intrusted with such property, embezzle or fraudulently convert to his own use any such money, goods, or other property, either in the mass as the same were delivered, or otherwise, and before the same were delivered at the place or to the person where and to whom they were…

2Cited by2 opinions

  1. Rohlf v. KasemeierSupreme Court of Iowa · 1908
  2. State v. CampbellSupreme Court of Iowa · 1888

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