State v. Barr
| Decision Date | 08 November 1897 |
| Citation | 61 N.J.L. 131,38 A. 817 |
| Parties | STATE v. BARR et al. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Henry J. Barr and others were indicted for embezzlement. Motion to quash indictment. Overruled.
Argued June term, 1897, before LUDLOW, COLLINS, and DIXON, JJ.
Alan H. Strong, for the motion.
John S. Voorhees, opposed.
The first count of this indictment charges that the defendants, being the agents of Frank M. Oliver, did take and receive certain moneys, to wit, the sum of $3,000, belonging to said Oliver, with intent to defraud said Oliver thereof, and willfully, fraudulently, and unlawfully did retain and appropriate to their own use the said moneys, to wit, the said sum of $3,000, knowing the same to belong to said Oliver, with intent to defraud said Oliver. The objections urged against this count are (1) that it does not show the kind or value of the moneys referred to; (2) that it does not aver that Oliver, to whom the money belonged, was the master or employer of the defendants.
In support of the first objection, Stephens v. State, 53 N. J. Law, 245, 21 Atl. 1038, is cited. What was there said on this point was mere obiter dictum, and was intended only to call attention to the doctrine previously enunciated in State v. Stimson, 24 N. J. Law, 9. On referring to State v. Stimson it will be perceived that these rules were there recognized: (1) Where the larceny, embezzlement, or criminal conversion of any article, whether coin or security or chattel, is charged, the article should be described with reasonable certainty. (2) The value of the article should be stated, unless it be a coin of the government, in which case, the value being established by law, the courts will take notice of the value. (3) The term "dollar" is an expression of value, as well as the name of a coin; and hence the word "dollars" is uncertain as a description, since it may be used to denote a number of cents or dimes as well as of dollars proper, but is certain as an expression of value. From this it seems to follow that the present indictment, in charging an appropriation of certain moneys, to wit, the sum of $3,000, properly alleged the value of the moneys, since the court must judicially notice that $3,000 in money, no matter of what coins, have the value of $3,000. In considering the sufficiency of the description of the articles embezzled, we are relieved by section 57 of the criminal procedure act, which declares "that, for preventing...
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Bartley v. State
...the same is worth its face value. To the same effect are Duvall v. State, 63 Ala. 12; Gady v. State, 83 Ala. 51, 3 So. 429; State v. Barr, 61 N.J.L. 131, 38 A. 817. Hildreth v. People, 32 Ill. 36, the defendant was prosecuted for larceny of $ 1,270 in current bank bills. The jury returned t......
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Richberger v. State
... ... "amount" and "value," when applied to ... money, are synonymous. State v ... Kruttschnitt, 4 Nev. 178; Bartley v ... State, 53 Neb. 310, 73 N.W. 744; State v ... Knox, 17 Neb. 683, 24 N.W. 382; Gady v ... State, 83 Ala. 51, 3 So. 429; State v ... Barr, 61 N.J.L. 131, 38 A. 817; Grant v ... State, 55 Ala. 201; Duvall v ... State, 63 Ala. 12. In State v ... Stimson, 24 N.J.L. 9, decided in 1853, the following ... rules were laid down by the highest appellate court of that ... state touching indictments for embezzlement; the ... ...
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State v. Daly
...'a bailee being a species of agent.' People v. Riccardi, 50 Cal.App. 427, 195 P. 448 (D.Ct.App.1920). See also, State v. Barr, 61 N.J.L. 131, 38 A. 817 (Sup.Ct.1897); Wynegar v. State, 157 Ind. 577, 62 N.E. 38 The evidence being sufficient to warrant the trial court in adjudging defendant g......
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State v. Ajamian
...any number of distinct acts of embezzlement' which may have been committed against the same master or employer, cf. State v. Barr, 61 N.J.L. 131, 133, 38 A. 817 (Sup.Ct.1897), within six months from the first to the last of such acts. R.S. 2:188--19, N.J.S.A. It is contended that this statu......