State v. Assmann

Citations

• 46 S.C. 554
• 24 S.E. 673
• 1896 S.C. LEXIS 81

Syllabus

<p>1. Indictment — Vende—Clerk op Court. — An indictment which charges, that a party as clerk of court received moneys as such officer, and failed to turn them over to his successor within thirty-days, and in the caption uses the words, “County of Lexington,” .“Lexington Court House,” “in the county and State aforesaid,” and in the charging part the words, “then and there,” “clerk as aforesaid,” “tailed to pay over to his successor in office as clerk * * * of Lexington County,” sufficiently charges the offense to show that it was committed within the jurisdiction of the court.</p> <p>2. Ibid. — Clerk of Court. — An indictment which charges that the defendant, “had and held in his hands” the money “which had been received him * * * as clerk aforesaid,” “paid him as clerk as aforesaid, under the proceedings aforesaid,” is sufficient to charge him with receiving the money.</p> <p>3. Ibid. — Officer.—To charge an officer with failing to perform a duty required of him by law, is tantamount to charging him with neglecting obedience to that requirement.</p> <p>4. Code — Query.—Does section 304 of Criminal Code contemplate one offense for failing to turn over all moneys in hand, or can a clerk be indicted for every delict in turning over moneys in his hands in individual cases?</p> <p>5. Indictment — Clerk of Court — Evidence.—On trial under indictment for failure to turn over to successor money of a certain estate in his hands as clerk, it is not error to refuse to permit the defendant to testify that he failed to turn over other funds so held.</p> <p>6. Ibid. — Ibid.—Offense—Criminal Code. — The motive and intent are not matters of inquiry on an indictment against a clerk of court, under section 301, Criminal Code, because the offence consists alone in the act of not paying over. Criminal Code, sec. 304, construed.</p> <p>1. Clerk of Court. — It is not necessary for the succeeding clerk of court to demand of the outgoing one moneys on hand, as the statute makes all the de