State v. Murphy

Citations

• 124 Miss. 440
• 86 So. 868

Syllabus

<p>1. Embezzlement. Indictment for embezzlement by chapcery clerk held not subject to demurrer.</p> <p>An indictment for embezzlement under section 1141, Code 1906 (Hemingway’s Code, section 869), which charges that the defendant was a duly and legally elected and qualified chancery clerk, and that by virtue of his office, while acting in his official capacity, certain funds came into his possession which belonged to the unknown heirs of named persons, and that the defendant, intending and designing to cheat and defraud said unknown heirs, feloniously converted to his own use and embezzled said funds with the felonious intent to deprive them of their money, is a good indictment, even though it needlessly sets out-the giving of a note for said funds payable to said officer, his successor or bearer, • and that said note, was sold or transferred to a named bank, and the funds so obtained for said note were embezzled, etc.</p> <p>2. Indictment and Infoemation. Failure of indictment for embezzlement to aver that “unknown heirs” were living persons unknown to grand jury not fatal.</p> <p>The words “unknown heirs” of named persons means the living heirs of such persons whose names are to the grand jurors unknown, and an indictment is not demurrable for failure to to specifically set forth that such heirs were living, and that their names were unknown to the grand jury.</p>