Olde v. People

Defendant operated a gasoline filling station and general store at Evergreen. Hicks was a road overseer employed by Jefferson county. Acting within his admitted authority and discretion, Hicks currently purchased from defendant a portion of the gasoline, oil, distillate, tires and other accessories used in the operation of the road trucks and equipment of the county. These purchases were handled as charge transactions and periodically defendant submitted his account to the county commissioners for payment. From time to time, without any authorization from the county commissioners, Hicks purchased from defendants store other commodities, such as cigars, cigarettes, socks, gloves, etc., and also secured from defendant advances of cash, generally in small sums, which were used partly for Hicks personal benefit and partly to purchase food and refreshments for members of the road crew working under him. By arrangement between Hicks and defendant the items of merchandise in the last category, as well as the cash so advanced, were charged to the county as gasoline, oil and the like and were so falsely designated in the vouchers, statements and claims presented to the county commissioners for payment. The precise extent in dollars and cents of these unauthorized transactions is not clearly shown by the evidence, but it is unquestioned that thereby Hicks and his men received the benefits of the purchases and advances and defendant the profit on the contraband merchandise wrongfully included in his padded accounts.