State v. Ugland
North Dakota Supreme Court
Appeal from the District court of Ramsey county, N. D., Butts, J. David H. Ugland was convicted of the crime of grand larceny and appeals. Embezzlement under § 9929 C. L. 1913 is “The fraudulent appropriation of property by a person to whom it has been intrusted.” To constitute larceny there must be a trespass in the original taking.
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Appeal from the District court of Ramsey county, N. D., Butts, J. David H. Ugland was convicted of the crime of grand larceny and appeals. Embezzlement under § 9929 C. L. 1913 is “The fraudulent appropriation of property by a person to whom it has been intrusted.” To constitute larceny there must be a trespass in the original taking. One who has acquired possession bona fide cannot thereafter commit larceny of the thing so possessed. 25 Cyc. 22. On the same principle, where an owner of property assigned it to another but retained possession and afterwards converted it to his own use, this was…
1Opinion of the Court
PuGHj J.
Defendant was convicted of the crime of grand larceny, and, from the judgment entered on the verdict, he appeals to this court.
August io, 1918, and October 12, 19x8, to satisfy creditors and avoid bankruptcy proceedings, the defendant executed certain agreements, whereby for the benefit of his creditors, he assigned and delivered to W. H. Shure, as trustee, all his property, both real and personal (excepting household goods and homestead). The real property consisted of upwards of 13,000 acres of land.
Surrounded by lands owned by defendant was a quarter section of land formerly owned…
2Cases cited10 opinions
- State v. CrayNorth Dakota Supreme Court · 1915
- Colip v. StateIndiana Supreme Court · 1899
- Chanock v. United StatesDistrict Court, District of Columbia · 1920
- State v. WheelerNorth Dakota Supreme Court · 1917
- People v. EhleIllinois Supreme Court · 1916
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3Cited by14 opinions
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- Ho Bros. Restaurant v. Aetna Cas. & Sur. Co.Supreme Court of Alabama · 1986
- State v. ThompsonNorth Dakota Supreme Court · 1928
- State v. ThompsonNorth Dakota Supreme Court · 1938
- State v. HolteNorth Dakota Supreme Court · 1957
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