State v. Jones
Idaho Supreme Court
APPEAL from tbe District Court of the Sixth Judicial District for the County of Bingham. J. M. Stevens, Judge. The appellant was prosecuted on a charge of embezzlement and convicted and sentenced for a term of from one to fourteen years in the penitentiary. “Unless the owner is deprived of the thing (the money or property) involved in the transaction, there can, of course, be no embezzlement.
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APPEAL from tbe District Court of the Sixth Judicial District for the County of Bingham. J. M. Stevens, Judge. The appellant was prosecuted on a charge of embezzlement and convicted and sentenced for a term of from one to fourteen years in the penitentiary. “Unless the owner is deprived of the thing (the money or property) involved in the transaction, there can, of course, be no embezzlement. The owner must be deprived of the use of the property claimed to be embezzled by an adverse use or holding.” (Eiglee v. State, 74 Neb. 331, 104 N. W. 748; Chaplin v. Lee, 18 Neb. 440, 25 N. W. 609;…
1Opinion of the CourtStewart, J.
On November 13, 1911, an information was filed in the district court of the sixth judicial district in *591and for Bingham county charging the appellant, Daniel R. Jones, with the crime of embezzlement. The defendant was arraigned on November 14, 1911, and on November 15th entered a plea of not guilty. The cause was tried on June 2, 1913, and on June 4th a verdict of guilty was found and the value of the property embezzled was assessed at $1,000. A motion was made for a new trial and denied by the court on July 8th, and the trial court entered a judgment sentencing the defendant to serve a term…
2Cases cited26 opinions
- Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
- Thurston v. . CornellNew York Court of Appeals · 1868
- Roddy v. FinneganCourt of Appeals of Maryland · 1876
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Over v. SchifflingIndiana Supreme Court · 1885
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3Cited by9 opinions
- Gardner v. FliegelIdaho Supreme Court · 1969
- The People v. ParkerIllinois Supreme Court · 1934
- State v. GivensIdaho Supreme Court · 1915
- The People v. StevensIllinois Supreme Court · 1934
- State v. HoppleIdaho Supreme Court · 1960
4 more not listed; retrieve them via the Exa API.