State v. Douglass
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Hon. W. 8. G. Walker, Judge. (1) Respondent contends that under Sec. 4945, R. S. 1909, the alleged offense was barred within the three years, and so the trial court held. Appellant contends that said offense comes under the term “corruption in office,” and consequently respondent can be prosecuted, as the indictment was returned or filed within five years after the date of the commission of the offense.
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Appeal from Dunklin Circuit Court. — Hon. W. 8. G. Walker, Judge. (1) Respondent contends that under Sec. 4945, R. S. 1909, the alleged offense was barred within the three years, and so the trial court held. Appellant contends that said offense comes under the term “corruption in office,” and consequently respondent can be prosecuted, as the indictment was returned or filed within five years after the date of the commission of the offense. Sec. 2419, R. S. 1899' (Sec. 4945-, R. S. 1909), was repealed in 1905 and a new section enacted in lieu thereof, which read the same as the old section,…
1Opinion of the CourtBrown, J.
— Indictment under section 4556, Revised Statutes 1909, charging embezzlement by a public officer of more than thirty dollars. From a judgment of the circuit court of Dunklin county sustaining a demurrer to the indictment, the State appeals.
On February 17, 1911, the grand jury of Dunklin county returned an indictment containing four counts, in each of which it is charged that on March 1, 1906, the defendant embezzled certain sums of money exceeding thirty dollars, which money he had received as collector of the revenue of Dunklin county, Missouri.
The defendant interposed a demurrer to the…
2Cases cited3 opinions
- People ex rel. Ryan v. NordheimIllinois Supreme Court · 1881
- Southwest Missouri Light Co. v. ScheurichSupreme Court of Missouri · 1903
- State v. FlynnMissouri Court of Appeals · 1906
3Cited by9 opinions
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- State Ex Rel. Lodwick v. CotteyMissouri Court of Appeals · 1973
- William R. Crews v. State of FloridaSupreme Court of Florida · 2015
- State v. MatkinsSupreme Court of Missouri · 1930
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