Starling v. State
Mississippi Supreme Court
From the circuit court of Washington county. .IIon. Sidney M. Smith, Judge. Starling, the appellant, was indicted, tried and convicted of embezzlement and appealed to the supreme court. An indictment for forgery against the defendant growing out of the same transactions was adjudged bad and the state appealed to the supreme court. That case is reported, see case, State v. Starling, next preceding this one in this volume.
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From the circuit court of Washington county. .IIon. Sidney M. Smith, Judge. Starling, the appellant, was indicted, tried and convicted of embezzlement and appealed to the supreme court. An indictment for forgery against the defendant growing out of the same transactions was adjudged bad and the state appealed to the supreme court. That case is reported, see case, State v. Starling, next preceding this one in this volume. The facts touching the points in controversy sufficiently appear from the opinion of the court. 1. Failure of the indictment to conclude with the words “against the peace and…
1Opinion of the Court
Whiteield, O. J.,
delivered the opinion of the court.
The indictment in this case contains two counts, and was drawn under § 1058 of the Code of 1892. That section provides that: “If any director, agent, clerk, servant, or officer of any incorporated company, . . . shall embezzle or fraudulently secrete, conceal or convert to his own use, or make way with, or secrete with intent to embezzle or convert to his own use, any goods,” etc., “he shall be guilty of embezzlement and shall be punished,” etc. The first count of the indictment did not add at the conclusion thereof “against the peace and…
2Cases cited7 opinions
- Frisbie v. United StatesSupreme Court of the United States · 1895
- McGuire v. StateSupreme Court of Alabama · 1861
- Nichols v. StateWisconsin Supreme Court · 1874
- Rice v. StateTennessee Supreme Court · 1871
- Alexander v. StateCourt of Appeals of Texas · 1889
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3Cited by15 opinions
- Fulkerson v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Richburger v. StateMississippi Supreme Court · 1907
- Simmons v. StateMississippi Supreme Court · 1932
- Bright v. StateMississippi Supreme Court · 1974
- Gulf & Ship Island Railroad v. WilliamsMississippi Supreme Court · 1915
10 more not listed; retrieve them via the Exa API.