Wood v. State
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court. Hon. I. M. Pittman, Circuit Judge. The act of 1883 (Acts 1883, p. 36,) by implication repealed Gantt's Dig., sec. 1371. It contáined new provisions, and covered the entire subject matter. The indictment does not comply with the statute, and is fatally defective, leaving out the material words “ who has taken the oath of office,” etc.
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APPEAL from Carroll Circuit Court. Hon. I. M. Pittman, Circuit Judge. The act of 1883 (Acts 1883, p. 36,) by implication repealed Gantt's Dig., sec. 1371. It contáined new provisions, and covered the entire subject matter. The indictment does not comply with the statute, and is fatally defective, leaving out the material words “ who has taken the oath of office,” etc. Where it is a crime only under certain circumstances, the indictment must aver and set out the circumstances, else it will be insufficient. 1 Best. Cr. Pro., 1 ed., secs. 282, 362, 366; Myers' Fed. Dec., vol. 12, sec. 1433; 53…
1Opinion of the Court
Smith J.
1. Embezzlement:— Indict-
The indictment charged that the defendant, on the 10th day of September, 1883, being then and there the duly elected and acting county treasurer, in and for the said county of Carroll, and having then and there in his hands, as such county treasurer, a large amount of money, to-wit l $181,22, and of'that value, the property-of common school district No. 39, in said county, said money being then and there public funds, and being composed of national bank bills and United States treasury notes, of the money of the United States of America, commonly called…
2Cases cited2 opinions
- Wood v. . People of the State of N.Y.New York Court of Appeals · 1873
- Tully v. . PeopleNew York Court of Appeals · 1876
3Cited by13 opinions
- Ex Parte OldenCourt of Criminal Appeals of Oklahoma · 1948
- Lawyer v. CarpenterSupreme Court of Arkansas · 1906
- Western Union Telegraph Co. v. StateSupreme Court of Arkansas · 1907
- Richardson v. StateSupreme Court of Arkansas · 1905
- Woodruff v. StateSupreme Court of Arkansas · 1895
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