State v. Lentz
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Sim. Robert A. Anthony, Special Judge. (1) Defendant’s demurrer to the testimony at the close of the State’s case should have been sustained. There was an absolute failure of testimony to show that the alleged conversion of the money was without the consent of the owner. This was an essential and constituent element of the crime of embezzlement. Without this proof there was no crime proven.
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Appeal from Butler Circuit Court. — Sim. Robert A. Anthony, Special Judge. (1) Defendant’s demurrer to the testimony at the close of the State’s case should have been sustained. There was an absolute failure of testimony to show that the alleged conversion of the money was without the consent of the owner. This was an essential and constituent element of the crime of embezzlement. Without this proof there was no crime proven. There was no testimony to show that the alleged conversion was done with felonious or fraudulent intent. It requires proof of all these facts to constitute embezzlement.…
1Opinion of the CourtFox, J.
On the sixteenth day of February, 1903, the prosecuting attorney of Butler county, Missouri, filed in the office of the clerk of the circuit court of that county an information against one E. R. Lentz, charging him with the embezzlement of $89.38.
The trial from which this appeal was taken resulted in the conviction of the defendant, and his sentence to imprisonment in the penitentiary for a period of two years.
The evidence discloses that Elizabeth Brummett, who, at the time of the trial, lived near Perry, Oklahoma, was entitled to a small share in an estate which was in course of…
2Cases cited7 opinions
- State v. NolandSupreme Court of Missouri · 1892
- State v. . KingSupreme Court of North Carolina · 1882
- State v. PrattSupreme Court of Missouri · 1889
- State v. AdamsSupreme Court of Missouri · 1891
- State v. ShipleySupreme Court of Missouri · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- State v. PinkstonSupreme Court of Missouri · 1935
- State v. PrattSupreme Court of Kansas · 1923
- State v. ListonSupreme Court of Missouri · 1928
- State v. LarewSupreme Court of Missouri · 1905
- State v. McWilliamsSupreme Court of Missouri · 1916
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