State v. Acton
| Decision Date | 10 March 1930 |
| Docket Number | No. 218.,218. |
| Citation | 149 A. 339 |
| Parties | STATE v. ACTON. |
| Court | New Jersey Supreme Court |
Charles P. Acton was charged with embezzlement, and he brings certiorari.
Motion to quash granted.
Argued January term, 1930, before TRENCHARD, LLOYD, and CASE, JJ.
F. Newlin Acton, of Wildwood, for prosecutor.
William A. W. Grier, of Salem, for the State.
We think the indictment is defective, in that it fails to state that the United States Fidelity & Guaranty Company is within any of the classifications as specified by section 167 of the Crimes Act (2 Comp. St. 1910, p. 1795), under which the indictment is framed, the language of which section is as follows: "Any person who, holding an office of trust and profit under the authority of this state, or under any public or private corporation existing under the laws thereof, who shall embezzle any of the money, property or securities committed to his keeping, with intent to defraud the state, or any county thereof, or any city, borough, township, body corporate or person, or shall fraudulently dispose of the same, shall be guilty of a high misdemeanor."
The indictment in the present case states that the moneys were due to and the property of the United States Fidelity & Guaranty Company; that they were feloniously embezzled and converted by the defendant to his own use with intent to defraud the United States Fidelity & Guaranty Company, but there is nothing to indicate whether this company is a corporation, a social organization, or other entity. This being true, we think the indictment fatally defective. State v. Lyon, 45 N. J. Law, 272; State v. Cohen (N. J. Sup.) 147 A. 325.
The case, but recently brought before us, is speedily disposed of to the end that a new indictment may be found before the statute of limitations shall intervene to protect the defendant from prosecution.
The motion to quash will be granted.
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State v. Acton
...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......
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State v. Acton
...of Quarter Sessions, Salem County. Charles P. Acton was convicted of embezzlement, and he brings error. Reversed. See, also, 8 N. J. Misc. R. 198, 149 A. 339; 9 N. J. Misc. R. 55, 152 A. Argued before GUMMERE, C. J., and PARKER and CASE, JJ. F. Newlin Acton, of Wildwood, for plaintiff in er......
- Morrison v. Berger, 23.