People v. McKinney

• Court: Michigan Supreme Court
• Writing for the Court: Christiancy J.:
• Citation: People v. McKinney, 10 Mich. 54 (Mich. 1862)
• Decision Date: 25 April 1862
• Parties: The People v. John McKinney

10 Mich. 54

The People v. John McKinney

Supreme Court of Michigan

April 25, 1862

Heard January 9, 1862; January 10, 1862; January 11, 1862 [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material]

On exceptions from Ingham Circuit.

The defendant was proceeded against in the court below by information, of which the following is a copy:

"State of Michigan: Ingham County, ss.: The Circuit Court for the county of Ingham: of the term of May, A. D. 1861.

"Stephen D. Bingham, prosecuting attorney for the county of Ingham aforesaid, for and in behalf of the people of the State of Michigan, comes into said court in the May term thereof, A D. 1861, and gives the court here to understand and be informed that John McKinney, late of the city of Lansing, in the county of Ingham and State of Michigan, heretofore, to wit, on the fourth day of August, A. D. 1860, at the city of Lansing aforesaid, then and there being an officer of the State of Michigan, employed in the treasury of said State, to wit, State Treasurer of said State, did then and there, by virtue of his said office and employment, and whilst he was so employed as such officer in said treasury, have, receive, and take into his possession for the said State, certain money to a large amount, to wit, to the amount of four thousand dollars, of the property of the said State of Michigan, and the said money then and there and whilst he was so employed as such officer in said treasury, unlawfully, fraudulently and feloniously did convert to his own use and embezzle, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Michigan.

"And the said prosecuting attorney, who prosecutes as aforesaid, further gives the court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the fourth day of September, A. D. 1860, at the city of Lansing aforesaid, in the county aforesaid, then and there being an officer of the State of Michigan, employed in the treasury of said State, to wit: as State Treasurer of said State, and being then, by virtue of such his office and employment, entrusted with the receipt, custody, management and control of money of the said State of Michigan, feloniously did embezzle certain money of the said State of Michigan, to wit: the sum of other four thousand dollars, and of the value of four thousand dollars, being parcel of the money of the said State of which he then had the custody, management and control, by virtue of his said office and employment in said treasury as aforesaid, and did then and there fraudulently and feloniously apply and dispose of the same to his own use and benefit, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Michigan.

"And the said prosecuting attorney who prosecutes as aforesaid, further gives the court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the fourth day of October, A. D. 1860, at the city of Lansing, aforesaid, in the county aforesaid, then and there being an officer of the State of Michigan, employed in the treasury of said State, to wit: State Treasurer of said State, and being then and there by virtue of his said office and employment in said treasury, charged with the reception and safe-keeping and lawful disposal of moneys of the said State, for said State, unlawfully, fraudulently and feloniously did convert to his own use and embezzle a portion of the said moneys, entrusted to him, the said John McKinney, for safe keeping and lawful disposal as aforesaid, to wit: the sum of other four thousand dollars and of the value of four thousand dollars, of the property of the said State of Michigan, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Michigan.

"And the said prosecuting attorney, who prosecutes as aforesaid, further gives the court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the third day of November, A. D. 1860, at the city of Lansing aforesaid, in the county aforesaid, then and there being an officer of the State of Michigan, employed in the treasury of said State, to wit: State Treasurer of said State, and being then and there, by virtue of his said office and employment, entrusted with the receipt, custody and management of moneys of the said State, did, then and there, by virtue of his said office and employment, and whilst so employed as such officer in said treasury, have, receive and take into his possession and control, a large amount of money of the said State, to wit: the sum of other four thousand dollars and of the value of four thousand dollars, and the said money then and there fraudulently and feloniously did convert to his own use and embezzle, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Michigan.

"And the said prosecuting attorney who prosecutes as aforesaid, further gives the court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the fourth day of December, A. D. 1860, at the city of Lansing aforesaid, in the county aforesaid, then and there being an officer employed in the treasury of the State of Michigan, to wit: State Treasurer of said State, did then and there, by virtue of his said office and employment in said treasury, have, receive and take into his possession and control a large amount of other moneys of the said State, to wit: the sum of four thousand dollars and of the value of four thousand dollars, and the said moneys he, the said John McKinney, did then and there, and whilst so employed as such officer in said treasury, unlawfully, fraudulently and feloniously convert to his own use and embezzle, contrary to the form of the statute, in such case made and provided, and against the peace and dignity of the people of the State of Michigan.

"And the said prosecuting attorney who prosecutes as aforesaid, further gives the court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the twelfth day of December, A. D. 1860, at the city of Lansing aforesaid, in the county aforesaid, then and there being an officer of the State of Michigan, employed in the treasury of said State, to wit: State Treasurer of said State, and being then and there, by virtue of his said office and employment in said treasury, entrusted with the receipt, safe keeping and disbursement of money of the State of Michigan, did then and there and whilst so employed as such officer in said treasury, unlawfully and feloniously convert to his own use and embezzle a portion of the said money which had been received by him by virtue of his said office and employment as aforesaid, to wit: the sum of other four thousand dollars, and of the value of four thousand dollars, of the property of the State of Michigan, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Michigan.

"And the said prosecuting attorney, who prosecutes as aforesaid, further gives the court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the twelfth day of December, A. D. 1860, then and there being an officer employed in the treasury of the State of Michigan, to wit: State Treasurer of said State, and being then, by virtue of such his office and employment in said treasury, entrusted with the receipt, safe keeping, and disbursement of money of the people of the State of Michigan, did then and there, and whilst so employed as such officer in said treasury, unlawfully and feloniously convert to his own use and embezzle a portion of the said money which had been received by him by virtue of his said office and employment as aforesaid, to wit: the sum of other four thousand dollars, and of the value of four thousand dollars; the said sum of four thousand dollars being at the time of the committing the felony aforesaid, the property of the people of the State of Michigan, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Michigan.

"And the said prosecuting attorney, who prosecutes as aforesaid further gives the court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the thirty-first day of December, A. D. 1860, at the city of Lansing aforesaid, in the county aforesaid, then and there being an officer of the State of Michigan, employed in the treasury of said State, to wit: as State Treasurer of said State, did then and there, by virtue of his said office and employment in said treasury, have, receive, and take into his possession for the said State, certain other money to a large amount, to wit: to the amount of three thousand dollars, and of the value of three thousand dollars, and the said money afterwards, to wit: on the day,...