State v. Merkel
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ho». Daniel Q. Taylor, Judge. The mere appropriation of another’s money does not constitute embezzlement; non does the failure to turn the money over to his principal after the agent has received it constitute the crime, but there must be, and must be proven,, at the time of the conversion, an intent to appropriate the money to his own use, and to permanently deprive the owner thereof. Lumber Co. v. Hartman, 45 Mo.
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Appeal from St. Louis City Circuit Court. — Ho». Daniel Q. Taylor, Judge. The mere appropriation of another’s money does not constitute embezzlement; non does the failure to turn the money over to his principal after the agent has received it constitute the crime, but there must be, and must be proven,, at the time of the conversion, an intent to appropriate the money to his own use, and to permanently deprive the owner thereof. Lumber Co. v. Hartman, 45 Mo. App. 647; State v. Cunningham, 154 Mo. 161. (1) Defendant admitted the collection of the money, the amount collected and the conversion…
1Opinion of the CourtFox, J.
The defendant was indicted in the circuit court of the city of St. Louis, at the April term, 1903, charged with the embezzlement of the sum of $337, as agent and clerk, from his employer, Alexander Landau. At the October term of said court the defendant was tried, convicted and his punishment assessed at imprisonment in the penitentiary for two years. Motions for a new trial and in arrest of judgment were filed, overruled and defendant appealed to this court.
At the trial the evidence for the State tended to prove the following facts:
In the year 1902, Alexander Landau was engaged in the…
Also in this document: Concurrence.
2Cases cited12 opinions
- State v. HopperSupreme Court of Missouri · 1880
- State v. NolandSupreme Court of Missouri · 1892
- Commonwealth v. TenneyMassachusetts Supreme Judicial Court · 1867
- State v. WestSupreme Court of Missouri · 1879
- State v. CushenberrySupreme Court of Missouri · 1900
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3Cited by6 opinions
- People v. TalbotCalifornia Supreme Court · 1934
- Mitsunaga v. PeopleSupreme Court of Colorado · 1912
- State v. MartinSupreme Court of Missouri · 1910
- State v. QuinnSupreme Court of Missouri · 1970
- Truman v. StateNebraska Supreme Court · 1950
1 more not listed; retrieve them via the Exa API.