State v. . Connelly
Supreme Court of North Carolina
Embezzlement — Public Officers — Statute—Indictment—Malfeasance. This is a CRIMINAL action, which was tried at August Term, 1889, of Iredell Superior Court, Merrimon, J., presiding. There was a verdict of guilty, and from the judgment pronounced thereon the defendant appealed. The assignments of error, and the facts necessary to an understanding of the questions decided, are stated in the opinion.
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Embezzlement — Public Officers — Statute—Indictment—Malfeasance. This is a CRIMINAL action, which was tried at August Term, 1889, of Iredell Superior Court, Merrimon, J., presiding. There was a verdict of guilty, and from the judgment pronounced thereon the defendant appealed. The assignments of error, and the facts necessary to an understanding of the questions decided, are stated in the opinion. The indictment charges the defendant with the crime of embezzlement under the statute (The Code, § 1014). It is charged therein that he was Clerk of the Superior Court of the county of Iredell, and…
1Opinion of the Court
Merrimon, C. J.:
It was contended, on the argument for the defendant, that the indictment does not charge an offence under the statute (The Code, § 1014), because, as was said, the latter does not extend to and embrace within its meaning public officers, such as Clerks of the Superior and other Courts, Sheriffs, Constables and the like officers, nor is there any statutory provision on the subject of embezzlement that does.
Hence, it becomes necessary to interpret the statute just cited in an important aspect of it. It prescribes that, “if any officer, agent, clerk, employee or servant of any…
2Cases cited1 opinion
- State v. . CostinSupreme Court of North Carolina · 1883
3Cited by6 opinions
- State v. . WhitehurstSupreme Court of North Carolina · 1937
- State v. WhitehurstSupreme Court of North Carolina · 1937
- State v. DentonCourt of Appeals of Maryland · 1891
- State v. . WindleySupreme Court of North Carolina · 1919
- State v. WindleySupreme Court of North Carolina · 1919
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