Fortenberry v. State

56 Miss. 286

Opinion

Campbell, J.,

delivered the opinion of the court.

The fact that Fortenberry held the office made him liable to punishment for embezzlement. His failure to take the oath of office did not exempt him from liability for official misconduct. 1 Bishop’s Cr. Law, sect. 464; 3 Greenl. on Ev., sect. 483; 2 Archb. Cr. Pr. & Pl. 463, top p. 1363; The State v. Sellers, 7 Rich. 368; The State v. Mayberry, 3 Strobh. 144; The State v. McEntyre, 3 Ired. 171; Diggs v. The State, 49 Ala. 311; Rex v. Barrett, 6 Car. & P. 124; Rex v. Gardner, 2 Camp. N. P. 513.

Judgment affirmed.