Commonwealth v. Carson

Citations

• 21 Pa. Super. 48
• 1902 Pa. Super. LEXIS 305

Syllabus

<p>Public officers — Township treasurer — Clarion county — Acts of April 15, 1834, P. L. 537, sec. 81, February 28, 1835, P. L. 45, sec. 8 and, March 11,-1839, P. L. 51.</p> <p>The Act of March 11, 1839, P. L. 51, which created the county of Clarion, gave to the people and territory embraced within its limits, a new county government, but that part of its territory which had been carved out of the county of Venango remained subject to the provisions of the act of April 15, 1834, in so far as its township organizations were concerned. In that part of the county a township treasurer is a part of the legal official township organization.</p> <p>A township treasurer being a township officer is subject to the provisions of the Act of March 31, 1860, P. L. 385, sec. 65, and the money of the township is protected by that statute.</p> <p>Criminal law — Indictment—Embezzlement—Township treasurer — Act of March 31, 1860, P. L. 385, sec. 65.</p> <p>An indictment is sufficient under the Act of March 31, 1860, P. L. 385, sec. 65, which charges that the defendant, “ being then and there treasurer of the township of Farmington, in the county of Clarion, having been duly commissioned and acting as such, and being charged as such treasurer with the safe-keeping and transfer of the road taxes of said township of Farmington, did fraudulently take, convert, appropriate and apply to his own use the sum of $356.29 of the moneys and property of the said township, so in his charge as treasurer, for safe-keeping and transfer, and did neglect and fail to pay over the said sum of $356.29, at the time and place required by law and to the person legally authorized to receive the same.”</p>