McInnis v. State
Decision Date | 20 June 1910 |
Docket Number | 14350 |
Citation | 97 Miss. 280,52 So. 634 |
Court | Mississippi Supreme Court |
Parties | DANIEL C. MCINNIS v. STATE OF MISSISSIPPI |
FROM the circuit court of Simpson county, HON. ROBERT L. BULLARD Judge.
McInnis appellant, was indicted and tried for and convicted of embezzlement, and appealed to the supreme court. The facts as stated by ANDERSON, J., were as follows:
At the May term, 1908, the appellant was indicted in two counts as follows:
First Count. "That D. C. McInnis on and from the first Monday of January, 1904, until the 6th day of January, 1908, was the legally qualified and acting sheriff and tax collector of Simpson county, Mississippi, and as said tax collector had and received, during the time intervening between the 1st day of October, 1907, and the 6th day of January, 1908, sixty-two thousand and seven hundred and twenty-nine and forty-six one hundredths dollars ($ 62,729.46), being moneys respectively of Simpson county and of the state; that the term of office of the said D. C. McInnis expired on the 6th day of January 1908, and that it then and there became his (the defendant's) duty to pay over to the county treasurer of Simpson county and to the state treasurer all moneys then and there being in his possession as tax collector aforesaid, as each the said county and state should be entitled thereto of said moneys; that on the said 6th day of January, 1908, Geo R. Edwards legally qualified and entered upon the duties of state treasurer of the state of Mississippi, and it then and there became and was the duty of the said D. C. McInnis to pay over to the said state treasurer all money in his (defendant's) possession belonging to the state, which said sum due the state should under the laws have been paid not later than the 16th day of January, 1908, said sum of money aggregating $ 20,155; but that defendant on said 16th day of January, 1908, and on divers days before and after said date, disregarding his duty to pay over and deliver said sum of $ 20,155 to said G. R. Edwards, state treasurer, did then and there in the county aforesaid willfully and fraudulently and feloniously defraud the state of the sum of approximately ten thousand dollars by willfully and feloniously omitting to comply with his duty to deliver and pay over, on the expiration of his term of office as said tax collector, to said G. R. Edwards, state treasurer, a portion of said money to the state which he had received as tax collector of Simpson county, Mississippi, and which remained in his hands on the 6th day of January, 1908, amounting to approximately ten thousand dollars."
Second Count. "And the grand jurors aforesaid upon their oaths aforesaid do further present and charge that D. C. McInnis being sheriff and tax collector of Simpson county, Mississippi, for the term of four years beginning the first Monday of January, 1904, and ending on the 6th day of January, 1908, during that time of said term intervening between the 1st day of October, 1907, and the said 6th day of January, 1908, received as tax collector aforesaid the sum of sixty-two thousand seven hundred twenty-nine and forty-six hundredths dollars ($ 62,729.46), of moneys belonging to said Simpson county and to said state aforesaid, and that on divers days between the dates last aforementioned in the county aforesaid did willfully, fraudulently, and feloniously embezzle and convert to his own use a portion of said sum of moneys intrusted to him and received into his hands as said tax collector, amounting to nine thousand three hundred ninety-nine dollars ($ 9,399), against the peace and dignity of the state of Mississippi."
At the May term, 1909, appellant, after some kind of arrangement with the state as to the punishment, first entered a plea of guilty as to both counts, withdrew it, and then pleaded guilty as to the first count of the indictment, and was sentenced to imprisonment in the county jail for one year and payment of costs, and the indictment ordered to the files of the court. In October, 1909, the judge ordered the indictment withdrawn from the files, redocketed, witnesses subpoenaed, and defendant (who was in jail serving the sentence theretofore imposed) rearrested, the case to stand for trial at the November term, 1909, which order was complied with, and a trial had on the second count of the indictment, resulting in a conviction and sentence of seven years in the penitentiary. Before going into the trial the appellant interposed a plea of autrefois convict, which, leaving off the indictment (copied into the plea), is as follows:
On motion this plea was stricken out as frivolous; the appellant moved to quash the indictment, offering proof to support such motion, which was denied by the court; then a demurrer to the indictment was filed, and stricken from the files; then motion for bill of particulars, which was overruled; then motion for change of venue, and evidence to support same which was denied; then the disqualification of the judge was suggested by appellant's attorneys, and thereupon he adjudged them in contempt of court, and struck the suggestion from the files; and then the witnesses were introduced and gave their testimony, and after being...
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