Ex Parte Cowart
Supreme Court of Alabama
Certiorari to Court of Appeals. Lee Cowart was convicted of embezzlement, and, the judgment being affirmed by the Court of Appeals (75 South. 711), defendant • petitions for certiorari directed to the Court of Appeals.
1Opinion of the CourtThomas, J.
[1] The Court of Appeals properly held that any funds or properties of the state coming into the hands of a public officer by virtue of his office ipso facto constitute such officer a trustee for the state. Wolffe v. State, 79 Ala. 201, 207, 58 Am. Rep. 590; Milhous v. Dunham, 78 Ala. 48; Lee v. Lee, 67 Ala. 406.
[2] If the fund or-property was received by him as such officer of the state, for a specific purpose or for the use of the state, or “to be delivered to another officer of the state, for the use of the state, although the officer had no right to receive it, such officer would be a…
2Cases cited12 opinions
- Watson v. AdamsSupreme Court of Alabama · 1914
- Evans v. EvansSupreme Court of Alabama · 1917
- Birmingham Railway, Light & Power Co. v. FriedmanSupreme Court of Alabama · 1914
- Lacey v. StateAlabama Court of Appeals · 1915
- Lee v. LeeSupreme Court of Alabama · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Crumpton v. StateCourt of Criminal Appeals of Alabama · 1981
- Pollard v. RogersSupreme Court of Alabama · 1937
- J. R. Watkins Co. v. GoggansSupreme Court of Alabama · 1941
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
27 more not listed; retrieve them via the Exa API.