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State v. Warwick

Superior Court of Delaware, New Castle County

July 27, 1954

STATE of Delaware
v.
William J. WARWICK.

County grand jury found and returned four indictments against prothonotary of Superior Court charging embezzlement or conversion by bailee and embezzlement or conversion by clerk to corporate body. Defendant moved for dismissal of each of the indictments. The Superior Court, New Castle County, Terry, J., held that county was not a body corporate nor was it a bailor of checks allegedly converted, and that indictments could not be sustained.

Motion to dismiss indictments granted.

[48 Del. 569] Edmund N. Carpenter, 2nd, Dep. Atty. Gen., for the State.

Page 86

James R. Morford, Morford, Bennethum & Marvel, Harold Green and Samuel Handloff, Wilmington, for defendant.

TERRY, Judge.

The Grand Jury of New Castle County during the January Term of the Superior Court, 1954, found and returned four criminal indictments against William J. Warwick.

The indictments in pertinent part are as follows:

(1) No. 91, January Term, 1954: Embezzlement or conversion by bailee in violation of Title 11, Section 636, of the Delaware Code of 1953. The alleged particulars are that Warwick on the 6th day of April, 1953, in New Castle County, being bailee of [48 Del. 570] a check to the value of $39.25, embezzled (fraudulently converted) the same to his own use.

(2) No. 92, January Term, 1954: Embezzlement or conversion by bailee in violation of Title 11, Section 636 of the Delaware Code of 1953. The particulars alleged are that Warwick on the 14th day of August, 1953, in New Castle County, being bailee of a check to the value of $80.00, embezzled (fraudulently converted) the same to his own use.

(3) No. 93, January Term, 1954: First Count: Embezzlement or conversion by bailee in violation of Title 11, Section 635, of the Delaware Code of 1953. The particulars alleged are that Warwick on the 27th day of July, 1953, in New Castle County, being bailee of a check payable to William J. Warwick, Prothonotary, New Castle County, to the total value of $1002.46, the property of New Castle County, State of Delaware, embezzled (fraudulently converted) the same to his own use.

Second Count: Embezzlement or conversion by a clerk to a body corporate in violation of Title 11, Section 638 of the Delaware Code of 1953. The alleged particulars are that Warwick on the 27th day of July, 1953, in New Castle County, being bailee of a check payable to William J. Warwick, Prothonotary of New Castle County, to the total value of $1002.46, the property of New Castle County, State of Delaware, embezzled (fraudulently converted) the same to his own use.

(4) No. 94, January Term, 1954: Embezzlement or conversion by bailee in violation of Title 11, Section 636 of the Delaware Code of 1953. The particulars alleged are that Warwick on the 12th day of June, 1953, in New Castle County, being bailee of a check to the value of $50.00, embezzled (fraudulently converted) the same to his own use.

Upon the defendant's motion the State filed a further bill of particulars in relation to Indictments Nos. 91, 92, the first count of 93, and 94. The particulars recite ‘ the name of the entity for whom the defendant was, on the dates charged in the [48 Del. 571] indictments, a ‘ bailee’ of the checks therein mentioned, is New Castle.'

Likewise, the State filed a further bill of particulars in relation to the second count of Indictment No. 93. The particulars recite:

(1) ‘ The name and corporate entity of the ‘ body corporate’ of which the defendant was a ‘ clerk’ as charged in this count of the indictment, is New Castle.'

(2) ‘ Defendant's status as ‘ clerk’ is further defined as Prothonotary of the Superior Court of New Castle County, as described in Article 4, Section 26 of the Constitution of the State of Delaware.'

(3) ‘ The name of the entity for whom the defendant was, on the date charged in the indictment, a ‘ bailee’ of the check therein mentioned, is New Castle.'

Page 87

The pertinent constitutional provision, statutes and Rule of the Superior Court are as ...


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