Fortenberry v. State

Citations

• 56 Miss. 286

Syllabus

<p>Criminal Law. Embezzlement in office. Official character, how established.</p> <p>One who has been duly elected to an office, and assumed the functions thereof, cannot defend against the charge of embezzlement in office on the ground that, having failed to take the oath of office prescribed by law, he was a mere usurper, and not an officer de jure. The fact of holding the office fixed his liability to punishment for embezzlement.</p>