State v. Grisham

• Decision Date: 06 December 1886
• Citation: 90 Mo. 163
• Parties: STATE v. GRISHAM.
• Court: Missouri Supreme Court

90 Mo. 163

STATE

v.GRISHAM.

Supreme Court of Missouri.

December 6, 1886.

Appeal from circuit court, Scott county.

Indictment for embezzlement. On demurrer.

The Attorney General, for the State. Wm. Hunter, for respondent.

SHERWOOD, J.

The charging portion of the indictment is as follows: “That M. Thomas Grisham, on the fifteenth day of August, A. D. 1883, at the county of Scott, aforesaid, then and there executed, acknowledged, and delivered a certain chattel mortgage to Andrew J. Pigg and John Q. Lemms, by which he conveyed to them five cows, two two-years old steers, and one heifer, and thirty-five acres of growing corn, situate upon the 'Huey' farm, in said county, and all of said property of the value of two hundred dollars; that the said chattel mortgage, so as aforesaid executed and delivered by the said M. Thomas Grisham to the said Andrew J. Pigg and John Q. Lemms, was executed and delivered as aforesaid to secure the payment of a certain promissory note of the same date as the said mortgage for the sum of two hundred dollars, payable six months after date, also executed by the said M. Thomas Grisham to the said Andrew J. Pigg and John Q. Lemms, a more particular description of which said note and mortgage is to these grand jurors unknown, and therefore cannot be given, which said chattel mortgage was then and there delivered to the said M. Thomas Grisham as bailee, to be by him carried and delivered to John M. Leftwitch, the recorder of deeds for Scott county, or to his clerk at the recorder's office, in Benton, in said county and state,--the said John M. Leftwitch being then and there authorized and entitled to receive the same for record; and the said M. Thomas Grisham, being so as aforesaid the bailee of the said chattel mortgage, the property of the said Andrew J. Pigg and John Q. Lemms, did not deliver the said chattel mortgage to the said John M. Leftwitch, nor leave the same for record at the recorder's office, aforesaid, but that the said M. Thomas Grisham has, since the fifteenth day of August, 1883, at the place aforesaid, fraudulently and feloniously embezzled, made way with, and converted to his own use, without the assent of the said Andrew J. Pigg and John Q. Lemms, the said chattel mortgage; the same being then and there a valuable security conditioned for the payment of money, against the peace and dignity of the state.”

1. Section 1312, Rev. St., provides: “If any person steal or embezzle any will of real or personal property, or...