State v. Gillis

Citations

• 75 Miss. 331

Syllabus

<p>1. Constitutional Law. Imprisonment for debt. Constitution 1890, section 30. Code 1892, § 1063.</p> <p>The statute, code 1892, g 1 063, which makes it a crime ior officers, guardians, and others exercising public employment to fail to pay over money which comes to their hands by virtue of their office or employment, when lawfully required so to do, is not unconstitutional. It does not provide for imprisonment for debt within section 30 of the constitution of 1890.</p> <p>2. Same. Ex post facto laws. Constitution of 1890, section 16. Code 1892, §1063.</p> <p>The statute, code 1892, § 1063, is prospective only; it cannot be applied to acts performed before it became operative. If a guardian received moneys of his ward, and converted them before the statute became operative, he cannot be punished under the section for a failure to pay over. Such an application of the statute would be ex post facto and violative of section 16 of the constitution of 1890, although the conversion and failure to pay over were conjointly an offense under previous laws.</p> <p>.3. Same. Code 1893, 5; code 1880, § 3787; code 1892, ¡¡ 1063.</p> <p>Where the conversion to one’s own use of money, and failure to pay over, conjointly constitute the crime under the old law, as provided in code 1880, § 2787, and hy the new law, code 1892, $ 1063, the conversion is a crime of itself, and the failure to pay over is also a crime, and the conversion was before the code of 1892 became operative, and the failure to pay over afterwards, the case is not within the saving of code 1892, $ 5, providing for the punishment of offenses committed before the code became operative. That section relates only to completed offenses.</p> <p>■4. Same. TndActment.</p> <p>If, in such case, the indictment charges the defendant with having the money after the new law became operative, and with a failure to pay over thereafter, the same is good, although the money is shown to have been received before. The new law (code 18