State v. Scoggin
| Court | Supreme Court of Arkansas |
| Writing for the Court | Wood |
| Citation | 106 S.W. 969 |
| Decision Date | 23 December 1907 |
| Parties | STATE v. SCOGGIN. |
v.
SCOGGIN.
Appeal from Circuit Court, Conway County; Hugh Basham, Judge.
J. H. Scoggin was indicted for embezzlement. A demurrer to the indictment was sustained, and the state appeals. Reversed.
The appellee was indicted in the Conway circuit court for embezzlement. Omitting the formal parts, the indictment is as follows: "The said J. H. Scoggin, in the county and state aforesaid, on the first day of August, 1906, then and there being over the age of sixteen years, and being the agent of the Missouri Pacific Railway Company, an incorporated company, and having then and there in his custody and possession as such agent, as aforesaid, eighteen hundred dollars, gold, silver and paper money, lawful money of the United States of America, and the property of the Missouri Pacific Railway Company aforesaid, did unlawfully, fraudulently and feloniously make away with and embezzle and convert to his own use said sum of eighteen hundred dollars, as aforesaid, without the consent of the aforesaid Missouri Pacific Railway Company, against the peace and dignity of the state of Arkansas. And the grand jury aforesaid, in the name and by the authority aforesaid, further accuses the said J. H. Scoggin of the crime of embezzlement, committed as follows, to wit: The said J. H. Scoggin, in the county and state aforesaid, on the first day of August, 1906, then and there being over the age of sixteen years, and being the agent of the St. Louis, Iron Mountain & Southern Railway Company, an incorporated company, and having then and there in his possession and custody as such agent, as aforesaid, eighteen hundred dollars, gold, silver and paper money, lawful money of the United States of America, and the property of the state of Arkansas." The defendant demurred, his specific grounds of objection being set out as follows: "(1) Said indictment is not direct and certain as to the circumstances of the offense charged, in this, that the facts constituting defendant an agent of the companies mentioned are not set out, nor is it stated what kind of agent defendant was, nor what his duties as such agent were, nor at what place he was agent. (2) No facts are alleged by which it is made to appear that defendant was the agent of said railway companies, or either of them. (3) Said indictment does not state that as such agent it was defendant's duty to receive or hold the money alleged to have been embezzled. (4) It is not alleged in said indictment that the money charged to have been...
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Agar v. State , No. 21,636.
...held that the use of the participial form of averment did not render the indictment defective. In State v. Scoggins, 85 Ark. 43, 47, 106 S. W. 969, 970, the indictment charged that the defendant, “being the agent of the *** and having then and there in his possession and custody as such age......
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Dardenne Realty Co. v. Abeken et al., No. 24211.
...not only to cut the lateral ditch but also to put in the dam, which completely obstructed the flow of the water through the channel of the 106 S.W. 969 creek. Just why it was thought desirable to put this dam in the channel of the creek as an aid in preventing the water of the creek from ba......
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Turner v. State, 273
...words are employed, if they have the same import as those used in the statute to define the offense. State v. Scoggin, 85 Ark. 43, 106 S.W. 969; Blevins v. State, 85 Ark. 195, 107 S.W. 393; Parker v. State, 98 Ark. 575, 137 S.W. 253. The appellant complains because the court refused to gran......
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Turner v. State, (No. 273.)
...words are employed, if they have the same import as those used in the statute to define the offense. State v. Scoggins, 85 Ark. 43, 106 S. W. 969; Blevins v. State, 85 Ark. 195, 107 S. W. 393; Parker v. State, 98 Ark. 575, 137 S. W. The appellant complains because the court refused to grant......
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Agar v. State , No. 21,636.
...held that the use of the participial form of averment did not render the indictment defective. In State v. Scoggins, 85 Ark. 43, 47, 106 S. W. 969, 970, the indictment charged that the defendant, “being the agent of the *** and having then and there in his possession and custody as such age......
-
Dardenne Realty Co. v. Abeken et al., No. 24211.
...not only to cut the lateral ditch but also to put in the dam, which completely obstructed the flow of the water through the channel of the 106 S.W. 969 creek. Just why it was thought desirable to put this dam in the channel of the creek as an aid in preventing the water of the creek from ba......
-
Turner v. State, 273
...words are employed, if they have the same import as those used in the statute to define the offense. State v. Scoggin, 85 Ark. 43, 106 S.W. 969; Blevins v. State, 85 Ark. 195, 107 S.W. 393; Parker v. State, 98 Ark. 575, 137 S.W. 253. The appellant complains because the court refused to gran......
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Turner v. State, (No. 273.)
...words are employed, if they have the same import as those used in the statute to define the offense. State v. Scoggins, 85 Ark. 43, 106 S. W. 969; Blevins v. State, 85 Ark. 195, 107 S. W. 393; Parker v. State, 98 Ark. 575, 137 S. W. The appellant complains because the court refused to grant......