(Download) "Bond Lumber Co. v. Timmons Et Al." by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Bond Lumber Co. v. Timmons Et Al.
- Author : Supreme Court of Montana
- Release Date : January 31, 1928
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Criminal Law รข€” Embezzlement of Public Funds by City Treasurer รข€” Interposition of Plea of Former Jeopardy รข€” Refusal to Entertain Plea Held Error. Criminal Law รข€” Plea of Former Jeopardy รข€” Test for Determining Whether Plea to be Sustained. 1. The test to be applied in determining whether, in a criminal prosecution, the plea of former jeopardy should be sustained is whether the matter set out in the second information was admissible as evidence and would have sustained a conviction under the first information. Page 313 Same รข€” Embezzlement by Public Officer รข€” Case at Bar รข€” Refusal to Entertain Plea Held Error. 2. Defendant was convicted under an information charging embezzlement of city funds consisting of tax moneys and moneys collected from purchasers of city cemetery lots. Thereafter a second information was filed charging the same offense for the taking of moneys collected for special improvement assessments, for care of graves in the cemetery, for sales of city personal property and for spraying trees. Both charges covered the same period of time and both were treated by the state as a continuous offense. The defendant interposed the plea of former jeopardy, which was refused. Held, under the above rule, that all the evidence relied upon to support conviction under the second information would have been admissible under the first, and that therefore it was error to refuse to entertain defendants plea.