[DOWNLOAD] "State Utah v. James F. Mathews" by Supreme Court Of Utah * eBook PDF Kindle ePub Free

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eBook details

• Title: State Utah v. James F. Mathews
• Author : Supreme Court Of Utah
• Release Date : January 29, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

CALLISTER, Justice. Defendant appeals from a judgment of conviction, following a jury verdict of guilty, for 'misusing public
moneys' in violation of Section 76-28-59(1) U.C.A.1953. 1 Upon this appeal, defendant does not challenge the sufficiency
of the evidence relating to the 'appropriation' to his own use of public moneys, but does challenge the sufficiency of the
proof that he was the Deputy County Recorder of Salt Lake County at the time the 'appropriation' took place. In other words,
it is his basic contention that it was incumbent upon the State to prove, beyond a reasonable doubt, that he was a de jure
Deputy County Recorder at the time of the alleged offense. Mrs. Nellie Jack was elected Salt Lake County Recorder in the election of November, 1958. She assumed that office on January
4, 1959. Two days prior thereto, the defendant had submitted an application for employment and had made application for a
surety bond. On January 6, 1959, Mrs. Jack submitted to the Salt Lake County Commission, for approval, a list of requested
employees. Defendant's name was included in this list. The Commission on January 7, 1959, approved all persons in this list
with the exception of the defendant. However, on January 12, 1959, Mrs. Jack submitted a letter to the Commission requesting
confirmation of her appointment of the defendant as Chief Deputy County Recorder. Two days later the Commission confirmed
the defendant's appointment, effective January 5, 1959. The bond of the defendant had been approved by the Commission on January
5 and on January 6 the defendant executed a printed oath of office form which was notarized by a deputy county clerk and filed
in the clerk's office.

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