Legal Opinion

Agar v. State

Indiana Supreme Court

Decided April 20, 1911No. 21,636PublishedCited by 48 opinions

Prom Gibson Circuit Court; Eerdis A. Clements, Judge. Prosecution by The State of Indiana against Henry E. Agar. Prom a judgment of conviction, defendant appeals.

1Opinion of the CourtMonks, J.

Appellant was convicted under §2285 Burns 1908, Acts 1905 p. 584, §392, of the crime of embezzlement. The assignment of errors calls in question the action of the court in overruling the motion to quash the indictment and the motion for a new trial. The indictment was in one count.

1. Appellant’s first contention is that the following language in the indictment does not constitute a direct averment of any matter contained in it, and is not only merely a recital, but in some of its parts constitutes recitals within the general recital: “Being then and there the agent, clerk, servant and employe…

2Cases cited58 opinions

  1. People v. . MolineuxNew York Court of Appeals · 1901
  2. Bergen v. PeopleIllinois Supreme Court · 1856
  3. People v. HatchCalifornia Court of Appeal · 1910
  4. State v. BridgmanSupreme Court of Vermont · 1876
  5. Thomas v. StateIndiana Supreme Court · 1885

53 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Domestic Block Coal Co. v. DeArmeyIndiana Supreme Court · 1913
  2. Smith v. StateIndiana Supreme Court · 1917
  3. Logan v. StateCourt of Criminal Appeals of Oklahoma · 1972
  4. Kennedy v. StateIndiana Supreme Court · 1935
  5. Noble v. DavisonIndiana Supreme Court · 1911

43 more not listed; retrieve them via the Exa API.

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