Compton v. State
Supreme Court of Arkansas
Appeal from Lee Circuit Court; Hance N. Hutton, Judge; 1. The motion in arrest of judgment should have been sustained. Embezzlement being purely a statutory offense, no offense is stated if there is no statute covering the particular charge in the indictment. In this case section 1837 of Kirby’s Digest could not be applicable because that statute does not apply to public officers, nor agents of any public or municipal corporation.
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Appeal from Lee Circuit Court; Hance N. Hutton, Judge; 1. The motion in arrest of judgment should have been sustained. Embezzlement being purely a statutory offense, no offense is stated if there is no statute covering the particular charge in the indictment. In this case section 1837 of Kirby’s Digest could not be applicable because that statute does not apply to public officers, nor agents of any public or municipal corporation. The term “incorporated company” applies only to private corporations. 22 N. Y. 243. Even if it be held to apply to an officer of a public corporation, still, under…
1Opinion of the CourtHart, J.
The defendant, W. A. Compton, has appealed from the judgment of conviction for the crime of embezzlement. The indictment, caption and formal parts omitted, is as follows:
“The said W. A. Compton in the county and State aforesaid on the 4th day of October, 1907, then and there being a duly elected, qualified and acting member of the Board of Directors of Special School District No. 1 of Marianna, which said school district is a corporation organized under the laws of the State of Arkansas, and the said W. A. Compton, then and there being the duly elected and acting secretary of the board of…
2Cases cited8 opinions
- People v. GallagherCalifornia Supreme Court · 1893
- Ex parte HedleyCalifornia Supreme Court · 1866
- Fleener v. StateSupreme Court of Arkansas · 1893
- Wallis v. StateSupreme Court of Arkansas · 1891
- Ince v. StateSupreme Court of Arkansas · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lacey v. StateAlabama Court of Appeals · 1915
- Woodruff v. ShockeySupreme Court of Arkansas · 1989
- State v. DuboisUtah Supreme Court · 1940
- Town of Wrightsville v. WaltonSupreme Court of Arkansas · 1973
- Vault v. AdkissonSupreme Court of Arkansas · 1973
9 more not listed; retrieve them via the Exa API.