State v. Heath
Missouri Court of Appeals
Appeal from the St. Louis Criminal Court. The auditor had no right to-receive school moneys as auditor or in any other capacity.— The State v. Moeller, 48 Mo. 431. There was no relation of master and servant, or of principal and agent, between the county and the defendant. —Bishop’s Cr. Law, sect. 333 et seq.
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Appeal from the St. Louis Criminal Court. The auditor had no right to-receive school moneys as auditor or in any other capacity.— The State v. Moeller, 48 Mo. 431. There was no relation of master and servant, or of principal and agent, between the county and the defendant. —Bishop’s Cr. Law, sect. 333 et seq. It is not necessary in a prosecution for embezzlement to prove any formal appointment of the accused as a servant or agent; it is sufficient to show that he was permitted to act as such. — 2Bishop’sCr. Law(6thed.), sect. 340. Andifhe assumed so to act, and received the money in that…
1Opinion of the CourtHayden, J.
The defendant was tried upon an indictment charging him with embezzling public money, and convicted. The indictment contained five counts, and it was on the first and fifth of these that the defendant was convicted, the State having abandoned the others. To the indictment the defendant pleaded autrefois acquit, and to this plea the State filed a replication. The defendant demurred,, and the demurrer to the replication was overruled. A motion to strike out a part of the plea was sustained. The record states that then the court below, of its own motion, entered an order, which is given, and the…
2Cases cited4 opinions
- Ex parte HedleyCalifornia Supreme Court · 1866
- State v. AndrewsSupreme Court of Missouri · 1858
- State v. MoellerSupreme Court of Missouri · 1871
- Commonwealth v. StrotherGeneral Court of Virginia · 1811
3Cited by6 opinions
- State v. SilvaSupreme Court of Missouri · 1895
- Moore v. StateNebraska Supreme Court · 1898
- State v. DaweIdaho Supreme Court · 1918
- State v. CochranSupreme Court of Missouri · 1935
- State v. CreechleyUtah Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.