State v. Sheets
| Decision Date | 20 December 1926 |
| Docket Number | 27334 |
| Citation | 289 S.W. 553 |
| Parties | STATE v. SHEETS |
| Court | Missouri Supreme Court |
O. L Munger, of Flat River, Wm. A. Settle, of Greenville, and John L. Moore, of Van Buren, for appellant.
North T. Gentry, Atty. Gen., and W. F. Frank, Asst. Atty. Gen., for the State.
WHITE J., concurs.WALKER, P. J., dubitante.
Appellant was convicted in the circuit court of Butler county of the felony of embezzlement, was sentenced to imprisonment in the state penitentiary for a term of two years, and has appealed.
It is contended that the venue of the alleged offense was in Carter county and not in Butler county. The proof shows without contradiction that the draft alleged to have been embezzled was prepared by appellant in Carter county and delivered by him in Carter county to one W. S. Perrin, in settlement of a balance due from appellant as treasurer of the consolidated school district, and that said draft was thereafter delivered to the Bank of Elsinore, also located in Carter county, and that appellant did nothing whatever in Butler county with respect to said transaction. The draft was sent by the Bank of Elsinore to St. Louis and passed through the hands of a bank in that city and in due course was presented to the State Bank of Poplar Bluff in Butler county, and paid by that bank out of the deposit kept thereat by the Farmers' State Bank of Elsinore.
In referring to appellant's contention that the venue of the alleged embezzlement was in Carter county and not in Butler county, the learned Attorney General said in his brief:
'We have been unable to find any authority in this state squarely deciding this point, but feel that appellant's contention on this point is well founded.'
Special counsel for the state, who has filed a supplemental brief, is in disagreement with the Attorney General and contends that the charge and proof were that appellant embezzled 'money, credit, chose in action, and effects of the Farmers' State Bank of Elsinore on deposit with the State bank of Poplar Bluff,' and that appellant is not charged with embezzlement of the draft itself. The contention is that the money was not paid and hence that the embezzlement did not occur until the draft was paid in Butler county out of the funds of the Farmers' State Bank of Elsinore on deposit in the State Bank of Poplar Bluff.
In substance, the information charged that on or about January 12, 1924, at the county of Butler and state of Missouri appellant, being an officer, etc., and over 16 years of age, a certain draft, etc., did then and there unlawfully, fraudulently and feloniously embezzle and convert to his...
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