State v. Smith

Litz, Judge:

The defendant, Jackson Smith, was tried, convicted and sentenced to the penitentiary for two years by the criminal court of Raleigh County upon an indictment charging him with embezzlement and larceny of $4,708.65 of good and lawful money of the United States of America, belonging to Raleigh County. The circuit court affirmed the judgment of conviction.

The embezzlement count, in the statutory form, charges that the money came into possession of the defendant by virtue of his office and employment as clerk of the county court of Raleigh County. The defendant was clerk of the county…