Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-10-14
Bad FOR MINIS.
He Must Come Into COur and be Sen.
fenced to Prison.

In 1877 Charles r. Minis, treasurer of
Mcleod county, was discovered to be in
default, and in November of that year three
indictments were found against him, upon
all of which he was convicted, but sentence
deferred to await the result OF an appeal to
the supreme court, Minis giving bonds for
his appearance in court when decision
should be reached. The first Indictment
charges Minis with the embezzlement of
$23, 693.34, belonging to the county and in
his possession as treasurer. The second
Indictment charged Minis with con-
verting to his own use $4,7O6.44, belonging
to the permanent school fund, the general
school fund and the general University
school fund, and the third charges him with
having embezzled 1926 intrusted to him by
Martin REM, 1or transmission to j. E. Rice
of Minneapolis. The decision of the su-
day, and sustains the action of the lower
court in the first two indictments, the two
charging embezzlement, and reverses the
third. The effect of these decisions will be
| to require the attendance of Minis in the
district court for Mcleod for sentence to the
penitentiary. We give below the eylIabi of
the three opinions filed, the first given having
reference to indictments ] and 2, those
charging embezzlement.
The State of Minnesota, responent, vs.
Charles II. Minis, appellant.
Syllabus decision of court upon 8
question of actual bias of juror, submitted
to it for determination by consent, is final
Where the father becomes a naturalized
citizen during the minority of his children
resident With him in this country, the latter
need not upon coming of age take out natu
uralization papers to entitle him to the priv
ileges of citizenship.
The admission of secondary evidence K
prove fact furnishes no ground for a new
trial unless it was objected 10 at the time
and an exception was taken to the ruling O
the court admitting the evidence.
On the trial of an indictment against de
PENDANT for an embezzlement of State mon
eys received by him as county treasurer
under the provisions of chapter 80, Gen
Stat, proof of the execution of the bond re
quired by section 80 of that chapter is no
essential to maintain the charge.
His written endorsement officially as sucl
county treasurer upon q certificate of settle
ment had between him and the county audi
tor pursuant to law, made at the time of tn,
settlement and acknowledging its correct
ness, is competent evidence against him, a,
an admission of the. truth of the matter,
stated in the certificate.
| An admission by such defendant of a ma
terial fact in support of the in
dictment against him is competent
evidence against him when the fac
itself and itsiadmission both occurred before
the commission of the offense charged, and
neither involves any criminal intent or con
| duct, or any acknowledgment of guilt on hi
part.
When such certificate of settlement i
properly admitted in evidence to prove tn
facts therein stated, the basis upon which
the settlement was made may also be show
as part of the 'fesje otal.:'
| A failure of county treasurer to pay owe
to the proper officer, on demand, draf
upon him by the State auditor, in favor O
the State treasurer, for moneys in his hands
belonging to the State, as evidenced by tn,
last certificate of settlement between hin
and the county auditor, is prima facie evi
dence of an embezzlement.
On the trial of on indictment against de
PENDANT for the embezzlement of publi
moneys received by him as county treasurer
his refusal to pay over the moneys shown tt
to have been so received on the demand O
ono claiming to be his successor in Office, O,
the sole ground that no such moneys were i,
his possession or under his control, may b,
shown as evidence upon the question of EN-
bezzlement without proof that the part,
making the demand was rightfu.lY entitled
| to the Office.
A refusal to give request in the term,
asked is not error when the legal PROPOSE
ton embraced in the request is fully covered
and correctly stated in the instruction!
given.
A verdict cannot be impeached by the aft
davit of individual jurors. -
Order denying new trial affirmed.
CORNELL, J.
The State of Minnesota, respondent, vs.
Charles R. Minis, appellant.
Syllabus To sustain an indictment under
section "a, chapter IS, general statutes, i,
must appear that tho goods intrusted to the
defendant for delivery to another, were SO in.
trusted to be carried for him. An allegation
Hinn1v that {hou xucro in$rrc$o1 ~vskI LIZ,