Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 11

Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...the statute, have been an allegation in the indictment as to the intention with which the embezzlement was done. The supreme court of Florida, in Thalheim v. State, 20 Southern Rep., 938, in construing a statute very similar to section 6842, uses this language, at page 449: "The twenty-ninth assignment of error is that the court erred in overruling defendant's motion in arrest of judgment. This motion is predicated upon alleged defects in the indictment. The statute under which this indictment is drawn provides that, ' If any agent embezzles or fraudulently converts to his own use, or takes or secretes with intent to do so, any property, ' etc. It is argued that there should, under the statute, have been an allegation in the indictment as to the intention with which the embezzlement was done. We construe the phrase, ' with intent so to do, ' to refer to the taking or secreting of property; construed with other portions of the statute, it was intended to provide a penalty for the taking and secreting of property by a party with the intent to embezzle it or convert it to his own use. The phrase does not refer to the act of embezzlement. To so construe it, we would have a nonsensical provision, making it criminal for a party to embezzle and fraudulently convert property to his own use, with the intent to embezzle it or fraudulently convert it to his own use." State v. Combs, 47 Kaus., 136; s. c. 27 Pac. Rep., 818. "Many authorities are cited by council to the efiect that, where a statute makes the intent with which the act is done a part of the description of the offense, the indictment should allege the act was done with the criminal intent. These authorities have no bearing upon the present...show more

Product details

  • Paperback | 510 pages
  • 189 x 246 x 26mm | 903g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236914503
  • 9781236914507