State v. Mickler
| Citation | 73 N.J.L. 513,64 A. 148 |
| Parties | STATE v. MICKLER. |
| Decision Date | 22 June 1906 |
| Court | United States State Supreme Court (New Jersey) |
(Syllabus by the Court.)
Error to Court of Quarter Sessions, Passaic County.
Albert J. Mickler was convicted of unlawfully obtaining county money, and brings error. Reversed.
Argued February term, 1906, before GARRISON, SWAYZE, and GARRETSON, JJ.
Munroe Force, for plaintiff in error. Eugene Emley, for defendant in error.
The plaintiff in error was convicted in the court of quarter sessions of Passaic county upon an indictment charging that he, being a member of the board of chosen freeholders of Passaic county, did unlawfully and willfully counsel, aid, and assist one Harvey Oliver in obtaining from said board the sum of $36 of the moneys of the said board, which said sum of money, although then and there paid to the said Harvey Oliver, was not then and there lawfully and justly due to him as he the said Mickler well knew.
Upon the trial of the indictment, Harvey Oliver was called as a witness for the state, and testified that at defendant's request he did certain work for the county; that afterwards the defendant told him to get in his bills, and the same night he made out two bills, one for $7 and one for $14, and took them to the defendant's house, and the defendant told him the bills were not made out on county bills, and to leave them and he would copy them and leave them at Mr. Van Hovenberg's and that he (Oliver) should go the next day and swear to them; that he (Oliver) went to Van Hovenberg's and swore to them, and took them to defendant's house and gave them to a lady there and asked her to give them to the defendant; that he subsequently got word to go and get his check, and got a check for both bills, and then went to the First National Bank, signed the check on the back, presented the check, and had counted out to him $57; that he counted it over and found $57; that he went home and when he got in the house James Conlin, a man from upstairs was there reading the paper, and that he told Conlin about having too much money. He also testified that he did not look at the bills, so as to see the amount of them, in Van Hovenberg's office, when he swore to them, or at the check when he received it, so as to know the amount, and the first he knew he was to receive $57 was when it was handed to him in the bank when the check was paid. He further testifies that the same night he received the money from the bank he took it to Mickler's house,...
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