Fortenberry v. State

Mississippi Supreme Court

Fortenberry v. State

56 Miss. 286

CourtMississippi Supreme Court

DecidedJanuary 15, 1879

StatusPublished

Cited by1 cases

This text of 56 Miss. 286 (Fortenberry v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fortenberry v. State, 56 Miss. 286 (Mich. 1879).

Pincite

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 miscon[287]*287duct. 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.

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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 miscon[287]*287duct. 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.

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Bluebook (online)

56 Miss. 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fortenberry-v-state-miss-1879.

Opinion

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