State v. Taylor
South Dakota Supreme Court
Error to circuit court, Hughes county. Hon. Loring E. Gappy, Judge. William Walter Taylor, having been convicted of embezzlement, brings error. The facts are stated in the opinion. Embezzlement is purely a statutory offense, created to reach a class of offenses, not punishable as larceny. 2 Bishop, Grim. Law, 318; 6 Am. & Eng. Ency. Law, 451; 1 Whorton Crim. Law, 1009. The state is not an association, society, or corporation, but a body politic. 23 Am. &Eng. Ency.
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Error to circuit court, Hughes county. Hon. Loring E. Gappy, Judge. William Walter Taylor, having been convicted of embezzlement, brings error. The facts are stated in the opinion. Embezzlement is purely a statutory offense, created to reach a class of offenses, not punishable as larceny. 2 Bishop, Grim. Law, 318; 6 Am. & Eng. Ency. Law, 451; 1 Whorton Crim. Law, 1009. The state is not an association, society, or corporation, but a body politic. 23 Am. &Eng. Ency. Law, 72; Anderson’s Law Diet. 969; Bouvier’s Law Diet. 542; 1 Yattel’s Law of Natione. An indictment, under a statute defining the…
1Opinion of the CourtPuller, J.
Prom the record before us it appears that on the 13th day of August, 1895, plaintiff in error was arraigned in circuit court upon an indictment returned by the grand jury of Hughes county on the 17th day of May immediately preceding, and at a regularly adjourned term of said court. Omitting formal allegations, the indictment is as follows: “That William Walter Taylor, late of said county, yeoman, on the 8th day of January, in the year of our Lord one thousand eight hundred and ninety five, at the county of Hughes and state of South Dakota, did commit the crime of embezzlement, for that on…
2Cases cited2 opinions
- State v. BancroftSupreme Court of Kansas · 1879
- In re TaylorSouth Dakota Supreme Court · 1895
3Cited by8 opinions
- State v. SiddowayUtah Supreme Court · 1922
- Allibone v. AmesSouth Dakota Supreme Court · 1896
- State v. WisnewskiNorth Dakota Supreme Court · 1905
- Buckles v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. SchillerConnecticut Superior Court · 1938
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