State v. Acton
| Citation | 152 A. 857 |
| Decision Date | 07 January 1931 |
| Docket Number | No. 269.,269. |
| Parties | STATE v. ACTON. |
| Court | United States State Supreme Court (New Jersey) |
Charles P. Acton was charged with embezzlement, and he brings certiorari and motion to quash.
Motion denied, and indictment resubmitted.
Argued October term, 1930, before PARKEP,, CAMPBELL, and BODINE, JJ.
F. Newlin Acton, of Wildwood, for prosecutor.
William A. W. Grier, Prosecutor of the Pleas, of Salem, for the State.
The indictment charges embezzlement. A former indictment based on the same general facts was quashed by this court on the ground that "there was nothing to indicate whether United States Fidelity and Guaranty Company, named as the owner of the money alleged to have been embezzled, was a corporation, a social organization, or other entity." State v. Acton, 149 A. 339, 8 N. J. Misc. R. 198. Thereupon the present indictment was found. It charges that the defendant, on the 30th day of July, in the year of our Lord 1928, at the city aforesaid, in the county of Salem aforesaid, and within the jurisdiction of this court, and on various other days between the said date and the 12th day of December, 1928, as an officer of trust and profit, to wit, president and manager of Charles P. Acton, Inc., a corporation under the laws of the state of New Jersey, which corporation was intrusted with the collection of moneys due for premiums on insurance policies, which moneys were due to and the property of the United States Fidelity & Guaranty Company, a body corporate, under the terms of the contract of employment, and demand having been made for the said moneys, which moneys and funds were entrusted and committed to the care of Charles P. Acton, Inc., did feloniously embezzle and convert to his own use and to the use of other persons or corporations with intent to defraud said United States Fidelity & Guaranty Company, a body corporate, and did unlawfully and fraudulently dispose of the said funds, to wit, the sum of $4,535.72,' lawful money of the United States of America.
To this second indictment a writ of certiorari was allowed, and it is now before us.
The first point made in attack on the indictment is that it does not appear, expressly or by implication, that the "United States Fidelity & Guaranty Company, a body corporate," is entitled to own property or money the subject of an embezzlement, or that it is within any class of persons or corporations mentioned in section 167 of the Crimes Act, 2 C. S. 1910, p. 1795. The indictment describes the company as "a body corporate," adopting the precise language of the statute in this particular as in others. As to pleading that the "body corporate" is legally entitled to own property subject to embezzlement, ...
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