Embezzlement

The fraudulent appropriation to his own use or benefit of property or money intrusted to him by another, by a clerk, agent, trustee, public officer or other person acting in a fiduciary character. See 4 Bl. Comm. 230, 231; 3 Kent, Comm. 194; 4 Steph. Comm. 168, 169, 219; Fagnan v. Knox, 40 N. Y. Super. Ct. 49; State v. Sullivan, 49 La. Ann. 197, 21 South. 688, 62 Am. St. Rep. 644; State v. Trolson, 21 Nev. 419, 32 Pac. 930; Moore v. U. S., 160 U. S. 268, 16 Sup. Ct 294, 40 L. Ed. 422; Fulton v. Hammond (C. C.) 11 Fed. 293; Pcople v. Gordon, 133 Cal. 328, 65 Pan. 746, 85 Am. St Rep. 174 Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted.

Pen. Code Cal. § 503; Pen. Code Dak. § 596.

Embazzlement is a species of larceny, and the term is applicable to cases of furtive and fraudulent appropriation by clerks, servants, 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.

Pcople v. Burr, 41 How. Prae. (N. Y.) 294 ; 4 Steph. Comm. 168.

Embezzlement is not an offense at common law, but was created by statute. "Embezzle" includes in its meaning appropriation to one's own use, and therefore the use of the single void "embezzle," in the indictment or information, contains within itself the charge that the defendant appropriated the money or property to his own use.

State v. Wolff, 34 Ln. Ann. 1153.