Voss v. State
Decision Date | 13 February 1950 |
Docket Number | No. 37289,37289 |
Citation | 44 So.2d 402,208 Miss. 303 |
Parties | VOSS v. STATE. |
Court | Mississippi Supreme Court |
J. Larry Thompson, Bay Springs, for appellant.
Greek L. Rice, Attorney General, Geo. H. Ethridge, Jackson, for appellee.
Appellant, a colored school teacher, was indicted on a charge that he embezzled the sum of $147 'belonging to the Trustees of Leona Colored School'. The indictment did not give the name of any of the trustees. Appellant demurred thereto and as one ground of demurrer raised the question that the indictment fails in whole or in part to disclose the names of the trustees of said school. This demurrer was overruled by the trial court, and appellant was put to trial, convicted and sentenced to a term of four years in the state penitentiary. From that conviction he appeals and raises the point above mentioned.
The indictment does not charge that the names of the trustees of the school are unknown to the grand jurors. That fact makes the case clearly distinguishable from State v. Murphy, 124 Miss. 440, 86 So. 868, and other authorities of similar import.
In Hampton v. State, 99 Miss. 176, 183, 54 So. 722, 723, it is said:
In the recent case of Wilson v. State, 204 Miss. 111, 115, 37 So.2d 19, 20, which involved a charge of forgery, this court said: ...
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Pennock v. State, 07-58644
...be recounted. Embezzlement was not a common law crime, see 24 Am.Jur.2d, Embezzlement Sec. 2 (1970); see also Voss v. State, 208 Miss. 303, 304-05, 44 So.2d 402, 402 (1950) (embezzlement did not exist as a crime at common law); Hampton v. State, 99 Miss. 176, 183, 54 So. 722, 723 (1911) (sa......
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Stradford v. State, No. 1999-KA-01755-COA.
...Miss. 116, 72 So.2d 245 (1954); Burson v. State, 756 So.2d 830 (Miss.Ct.App.2000). ¶ 15. Stradford offers the case of Voss v. State, 208 Miss. 303, 44 So.2d 402 (1950) to convince this Court that we should find that the indictment was "fatally defective." We are not convinced. Stradford mis......
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Gulley v. State, 1999-KA-01047-COA.
...is essential that it be stated from whom the property was embezzled. See Meyer(s) v. State, 193 So.2d 728 (Miss.1967); Voss v. State, 208 Miss. 303, 44 So.2d 402 (1950). ¶ 39. With the standard of review in mind, we are unpersuaded by Gulley's argument. The evidence showed that Gulley instr......
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Sisk v. State, 46772
...not shown in the indictment, and we have held this to be a fatal defect. Meyer(s) v. State, 193 So.2d 728 (Miss. 1967); Voss v. State, 208 Miss. 303, 44 So.2d 402 (1950); Hampton v. State, 99 Miss. 176, 54 So. 722 (1911). This requirement is essential because one cannot embezzle one's own p......