Howze v. State

Decided March 17, 1884

Mississippi Supreme Court · decided 1884-03-17

Appellant, Howze, was treasurer of De Soto county, his term expiring January 1, 1(880. He turned over all the books and records of his office to his successor except a small account-book which he bought and paid for himself which contained various memoranda of accounts with the county and reports made by him as treasurer.

Affirmed · Decided 1884-03-17

Per Curiam :

¶1The appellant was convicted nominally of a felony but actually of a misdemeanor, for it is only by virtue of the law in force prior to the Oode of 1880, and continued by it, that the indictment was sustained, and by that law the offense was a misdemeanor.

¶2The evidence acquits the appellant of any moral wrong or corrupt intent. Ilis withholding the book was a technical offense, as he should have delivered it to his successor, and intentionally and deliberately refused to do it.. There was no error in the instructions of the court to the jury.

¶3Judgment affirmed.