Embezzlement

Thefraudulent appropriation to his own use or benelit of property or money intrusted to hima by another, by aelerk, agent, trustee, public officer, or other person acting in a fiduciary character, See 4 Bl, Comm, 280, 251; 38 Kent, Comm. 194; 4Steph.

Comm. 163, 169, 219; 40 N. Y. Super. Ct. 41.

Embezzlement is the fraudulent appropriation of properiy by a person to whom it has been intrusted. Pen, Code Cal, § 503; Pen. Code Dak. § 596, Embezzlement is a species of larceny, and the term is applicable to cases of furtive and fraudu Jent appropriation by clerks, gervanis, or carriers of property coming into their possession by virtue of their employment. It is distinguished from “larceny,” properly so called, as being committed in respect of property which is not at the time in the actual or legal possession of the owner.

41 How. Pr. 294; 4 Steph. Comm. 168.

Embezziement is not an offense at common law, but was created by statute. “imbezzle” includes {nits meaning appropriation ic one’s own use, and therefore the use of the single word “omhbezzie,” in the indictinent or information, contains within itseli the charge that the defendant appropriated the money or property to his own use. 8 La, Aun. 1153. growth of the earth which are produced annually, not spontaneously, but by labor and industry, and thence are called “fruetus industriates.”

64 Pa. St. 137.

The growing crops of those vegetable produc tions of the soi] whieh ars annually produced by the labor of the cultivator. They are deemed personal property, and pass as such to the executor or administrator of the occupier, whether he were the owner in fee, or for life, or for years, if he die be fore he has actually cut, reaped, or gathered the same; and this, although, being aflixed to the soil, they mizht for some purposes be considered, while growing, as part of the realty.

Wharton.

The term also denotes tiie right of a tenant to take and carry away, after his tenancy has ended, such annual products of the land as have resulted from his own care and labor. Emblements are the away-going crop; in other words, the crop which is upon the ground and unreaped when the tenant goes away, bis icase bhaying determined; and the right to emblements is the right in the tenant to take away the away-yoing crop, and for that purpose to come upon the land, and do all other necessary things thereon.

Brown.