Legal Opinion

State v. Walton

Supreme Judicial Court of Maine

Decided July 1, 1873PublishedCited by 5 opinions

On exceptions. Indictment alleging that the defendant, on the first day of December, 1871, was a public officer, to wit, the collector of taxes of the town of Alton, and that, by virtue of and while employed in that office, he received and had in his possession and control, nine hundred dollars of the property of the inhabitants of Alton, and fraudulently embezzled and converted it to his own use; the 8econd count averred that the defendant not being an apprentice, nor below…

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On exceptions. Indictment alleging that the defendant, on the first day of December, 1871, was a public officer, to wit, the collector of taxes of the town of Alton, and that, by virtue of and while employed in that office, he received and had in his possession and control, nine hundred dollars of the property of the inhabitants of Alton, and fraudulently embezzled and converted it to his own use; the 8econd count averred that the defendant not being an apprentice, nor below the age of sixteen years, having in his possession and under his care by virtue of his employment, bank-bills, the…

1Opinion of the CourtBarrows, J.

Section seven of chapter one hundred and twenty of the Revised Statutes declares that offenders of three distinct classes, who would otherwise at most be held liable for embezzlement or breach of trust, or for fraudulent connivance in such breach of trust, shall be deemed guilty of larceny.

I. Embezzlement, or the fraudulent conversion to his own use, or the taking and secreting with that intent of the property of another, in the possession of the offender, or under his care by virtue of his employment, committed without the consent of his employer or master by an officer, agent, clerk or…

2Cited by5 opinions

  1. State v. RoweSupreme Judicial Court of Maine · 1968
  2. State v. EnsleyIndiana Supreme Court · 1912
  3. State v. GriswoldSupreme Court of Connecticut · 1900
  4. State v. CarrickNevada Supreme Court · 1881
  5. Territory of New Mexico v. HaleNew Mexico Supreme Court · 1905

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