Johnson v. People

Citations

• 123 Ill. 624
• 15 N.E. 37
• 1888 Ill. LEXIS 1051

Syllabus

<p>1. Officers—fail/u/re to pay over money to successor—subject to prosecution under the Criminal Code. In a prosecution of one who has held an office for several successive terms, under section 215 of the Criminal Code, for a failure or refusal to pay over public moneys received by him, to his successor in office,' it is not necessary to a conviction to show that the defendant received the money after his last appointment, or had it on hand at the time of his last appointment. It is his duty, at the expiration of his term, to pay over to his successor all moneys received by him during his preceding as well as his last term, which he has not legally paid out. He can not shield himself from liability by failing to account to himself as his own successor. _</p> <p>2. Same—section 65 of the School law, and section 215 of the Criminal Code—as creating distinct offences. Section 65 of the School law, which provides that when a-township treasurer shall resign or be removed, etc., he shall pay over to his successor in office all moneys on hand, etc., under a penalty of not less than $10 nor more than $100, does not prevent his prosecution under section 215 of the Criminal Code, for his neglect or refusal to pay over all moneys received by him as such officer and not accounted for, to his successor. A township treasurer is not amenable alone to the provisions of the School law in that regard. Two distinct offences are created by these several sections, and they may well consist together.</p>