State v. Flint
Supreme Court of Missouri
Appeal from, Harrison Circuit Court. I. The first count of the indictment covers the statutory offense and is therefore sufficient. (Wagn. Stat., 459, § 41.) It is not necessary to state more definitely the money embezzled. (Whart. Crim. L. [7 Ed.] § 1941; 2 Bisli. Grim. P., 325.) Nor is it necessary to state bow much belonging to the State and county, each, was embezzled. The substance of the offense is the embezzlement of public money.
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Appeal from, Harrison Circuit Court. I. The first count of the indictment covers the statutory offense and is therefore sufficient. (Wagn. Stat., 459, § 41.) It is not necessary to state more definitely the money embezzled. (Whart. Crim. L. [7 Ed.] § 1941; 2 Bisli. Grim. P., 325.) Nor is it necessary to state bow much belonging to the State and county, each, was embezzled. The substance of the offense is the embezzlement of public money. (Brown vs. State, 18 Ohio St., 506.) II. Where a statute enumerates offenses disjunctively, the indictment must charge them conjunctively, unless the acts…
1Opinion of the CourtWagner, Judge
The defendant, who was sheriff and collector of Daviess county, was indicted for embezzlement under the statute, (Wagn. Stat. [Ed. 1872], 459, §14) for converting, secreting and investing certain moneys, which were alleged to have belonged to the State and county. The indictment contained two counts, and the first count, after alleging the election and qualification of the defendant as sheriff and collector, charged that as such sheriff and collector, he feloniously converted to his own use, and used by way of investment in merchandise and property, and made way with and secreted, large sums,…
2Cases cited3 opinions
- Sellers v. DuganOhio Supreme Court · 1849
- State v. ClarksonSupreme Court of Missouri · 1875
- Pittman v. BassSupreme Court of Missouri · 1860
3Cited by27 opinions
- State v. SchweiterSupreme Court of Kansas · 1882
- State v. HaysSupreme Court of Missouri · 1883
- State v. GilmoreSupreme Court of Missouri · 1892
- State v. HarlstonMissouri Court of Appeals · 1978
- Griffin v. StateTennessee Supreme Court · 1902
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