State v. Windley
Supreme Court of North Carolina
INDICTMENT, tried at November Term, 1918, of Beaufoet, wben tbe •defendant was convicted and appealed. Tbe charge in tbe indictment is that tbe defendant bad unlawfully, willfully, and feloniously, as sheriff of Beaufort County, failed to pay over and deliver to tbe proper persons entitled to receive tbe same, wben lawfully required to do so, certain money and funds which be bad received by virtue or color of bis office in trust, contrary to tbe provisions of tbe statute.
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INDICTMENT, tried at November Term, 1918, of Beaufoet, wben tbe •defendant was convicted and appealed. Tbe charge in tbe indictment is that tbe defendant bad unlawfully, willfully, and feloniously, as sheriff of Beaufort County, failed to pay over and deliver to tbe proper persons entitled to receive tbe same, wben lawfully required to do so, certain money and funds which be bad received by virtue or color of bis office in trust, contrary to tbe provisions of tbe statute. Tbe indictment was drawn under Eev., 3408, and this is stated in tbe brief of the State, which refers to tbe original…
1Opinion of the Court
'Walkek, J.,
after stating tbe case: If we assume that tbe testimony of tbe defendant was of such a nature as to warrant tbe instruction to tbe jury, we are of the opinion that tbe court erred in further telling them, in answer to the question of one of tbe jurors, that they should convict tbe defendant if be simply received certain money and failed to pay it to the proper party, though be may have paid it to tbe county treasurer. Tbe first part of section 3408 of tbe Eevisal of 1905 relates to tbe embezzlement or willful and corrupt use or misapplication of funds held by any officer, agent,…
2Cases cited12 opinions
- Withers v. . LaneSupreme Court of North Carolina · 1907
- State v. . RileySupreme Court of North Carolina · 1893
- State v. . YoungSupreme Court of North Carolina · 1877
- State v. . GodwinSupreme Court of North Carolina · 1907
- State v. . SheetsSupreme Court of North Carolina · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. OvermanSupreme Court of North Carolina · 1967
- State v. JonesSupreme Court of North Carolina · 1977
- State v. MacKCourt of Appeals of North Carolina · 2008
- In Re the Condemnation of Property of HendersonCourt of Appeals of North Carolina · 1969
- State v. GreshamSupreme Court of North Carolina · 1976
2 more not listed; retrieve them via the Exa API.