STATE v. KEARNS

No. 34820.

165 Ohio St. 573 (1953)

THE STATE OF OHIO, APPELLEE, v. KEARNS, APPELLANT.

Supreme Court of Ohio.

Decided December 5, 1956.


Attorney(s) appearing for the Case

Mr. Justin L. Sillman, Mr. Rush Warren and Mr. Robert E. Albright, for appellee.

Mr. Robert N. Gorman, Mr. Gale R. King and Mr. Milton L. Farber, for appellant.


TAFT, J.

Defendant contends that the indictment does not allege nor is the evidence sufficient to establish an offense under Section 12876, General Code. In support of this contention, he argues that money paid to him pursuant to Section 3004, General Code, could be lawfully commingled with his own funds, that there were no statutory words which required him to keep such money separate and apart from his own funds, and that his only duty with respect to such money...

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