State v. . Hill

Embezzlement has no legal status in the Criminal Code, either- as a felony or a misdemeanor. As a crime it had no existence at the common law. It was then only a breach of trust, being the “ fraudulent- appropriation, to one’s own use, of the money or goods of another entrusted to one’s care or management.”

As a crime, it is entirely the creation of the statute law, and is a felony or misdemeanor only as it may be declared to be by the statute creating the offence.

'In this state, we have no statute defining.embezzlement and fixing the grade of the offence. In some of the statutes it is…