Legal Opinion · Dissent

State v. Ensley

Indiana Supreme Court

Decided January 10, 1912No. 21,920Published

Prom Criminal Court of Marion Connty (37,311); Ovid B. Jameson, Special Judge. Prosecution by the State of Indiana against Oliver P. Ensley. Prom a judgment quashing the indictment, the State appeals.

1Dissent

Dissenting Opinion.

Myers, J.

I am not able to concur in the majority opinion in this case as to the proposition that a demand is not necessary to be alleged under §2284 Burns 1908, Acts 1905 p. 584, §391, the section on which the indictment is based. Section 2283 Burns 1908, Acts 1905 p. 584, provides a penalty for the failure of a public officer at any time during the term for which he was elected or appointed, “when legally required by the proper person,” etc., to pay over money, or deliver property, etc., which may have come into his hands by virtue of his office. The penalty is a fine not…

2Cases cited38 opinions

  1. State v. BarrettIndiana Supreme Court · 1909
  2. State v. BancroftSupreme Court of Kansas · 1879
  3. Hollingsworth v. StateIndiana Supreme Court · 1887
  4. State v. Blackley.Supreme Court of North Carolina · 1905
  5. State v. EnsleyIndiana Supreme Court · 1912

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