Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Indictment containing seventeen counts, some for larceny, and "some, under the Gen. Sts. c. 161, § 38, for embezzlement.
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Indictment containing seventeen counts, some for larceny, and "some, under the Gen. Sts. c. 161, § 38, for embezzlement. At the trial in the Superior Court, before Pitman, J., a verdict of not guilty was returned on the fifth count, and a nolle prosequi was entered as to all the other counts except those hereinafter stated, on which the defendant was found guilty; and a bill of exceptions, in substance as follows, was allowed: The second count charged the embezzlement of twelve hundred and thirty-one dollars. The fourth count, the larceny of four hundred and twenty gallons of distilled…
1Opinion of the CourtColt, J.
The defendant was employed by Gaff & Co., distillers, to sell their goods in the New England States, under a written contract by which he became their agent, and was to receive commissions and a part of the profits, in lieu of salary, as compensation for his services. By the contract, he had no right of property in the goods, or the money received for them-. The relation between him and his employers was such, that a felonious conversion to his own use of the money collected from sales on their account would constitute the crime of embezzlement. He was an agent, authorized to receive money on…
2Cases cited1 opinion
- Booraem v. CraneMassachusetts Supreme Judicial Court · 1870
3Cited by40 opinions
- Burgess v. StateCourt of Appeals of Maryland · 1931
- Agar v. StateIndiana Supreme Court · 1911
- People v. HawkinsMichigan Supreme Court · 1895
- People v. . OtisNew York Court of Appeals · 1923
- Furber v. DaneMassachusetts Supreme Judicial Court · 1910
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