Kibs v. People

It is not claimed by the State that the defendant is otherwise guilty than under the 74th section of the Criminal Code, entitled “Embezzlement,” which is as follows: “Whoever embezzles or fraudulently converts to his own use, or secretes, with intent to embezzle or fraudulently convert to his own use, money, goods or property delivered to him, which may be the subject of larceny, or any part thereof, shall be deemed guilty of larceny.”

The indictment is for larceny, simply, as at common law.

The uniform construction of similar acts, both in this country and in England, is, “that the indictment…