68 THE STATE v. BROOKS. [Tyler Term,
Argument for rehearing.
right of the deputy to act. The law, as printed in Paschal
and in the published acts, is evidently incomplete, and is
quite obscure. (Pas. Dig., art. 7615; acts of 1870.)
We think that it was unnecessary for the indictment to
more specifically describe the money embezzled. To hold
differently would be to require what is obviously in most
cases impracticable. The language of the law, a any part
of such public money," would indicate a sum or amount
of money, rather than specific bills or coin. In England,
where indictments for embezzlement were originally required
to describe the thing embezzled, as in cases of theft,
the rule has been changed by statute. Under the rules of
construction prescribed by the code, we feel authorized to
hold that the statute does not contemplate a specific description
of the moneys embezzled, or even of any one
piece thereof, as necessary. (Riley v. State, 32 Tex., 763.)
This disposes of all the questions discussed in appellee's
brief, and it is not deemed necessary to say more in regard
to the other grounds assigned in the motion to quash
than that we do not consider them well taken.
The judgment is reversed and the cause remanded.
REVERSED AND REMANDED.
Craiford & Crawford, for rehearing.
The Constitution creates the office of sheriff. This must
be held to be a sheriff with the same powers and authority
as exercised by that officer under our former Constitution
and laws, including the right to appoint his deputy.
But in addition to the duties of the sheriff under the
law as it stood at the adoption of the present Constitution,
and which the framers of that instrument must have had
in view when they created the office of sheriff; the present
Constitution imposes upon the sheriff a duty not previously
exercised by that officer, that is, the collection of the taxes.
We most respectfully insist that the power and authority
to collect the taxes thus given to the sheriff is ex
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed January 27, 2015.