State v. Monnett
State v. Monnett
Opinion of the Court
The indictment charges that the defendants, Monnett and Planz, being members of the township committee of the township of Lodi, did aid in obtaining for the Sette Excavation and Construction Company from the township of Lodi the sum of $1,000 not lawfully and justly due.
Although the record contains two hundred and seventy-three pages, the actual testimony appears in approximately fifty-four pages. Lengthy arguments addressed to questions asked witnesses cover eighty-seven printed pages. There are no less than sixty-seven assignments of error and the brief for the plaintiffs in error contain eighty-one pages. We have made a careful examination of the entire record, and every point argued on this appeal in order to determine whether there is any merit suggested. We have come, after careful consideration, to the conclusion that there is no merit in the appeal.
Nicholas Y. C. Monnett and John Planz were township committeemen of Lodi township and attended a meeting held June 25th, 1929. Monnett was chairman. Charles Nove was township collector and Joseph Frederick Bratt, township attorney. At this meeting Monnett stated that he was en
Prom the foregoing, it is apparent that the only proof before the court demonstrated that the state had made out a case within the four corners of the indictment. The only inference that a reasonable person could draw from the testimony is that this $1,000 was not due to the Sette Company and was not claimed by them as due. It was not only not handled in the regular course of business but no bills were presented until long after the payment had been made. The bills were presented because of a letter from the township’s attorney and were made up without any reference to the books of the company. Purther, no entries were ever made respecting the transaction upon the Sette Company’s books .
We have carefully examined the charge of the court and do not regard it as faulty or prejudicial. It is long but presents a very clear analyses of the questions to be considered by the jury. They were properly charged as to the rights of the defendants and their duty as jurymen to find the facts in accordance with the law and their oaths.
We do not regard the indictment as insufficient, and we do not believe that the question of its invalidity is before this court, but if it is we see no merit in it. There was absolutely no evidence received of testimony given by either defendant in the Supreme Court investigation of the Lodi township matters. They were not compelled to give testimony against themselves in any sense of the word, nor was any such testimony, if given, used against them.
Having examined the whole case with great care, we can only conclude that there is no merit whatever in any of the assignments of error, and the convictions are, therefore, affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.