Rohde v. United States
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the accused from a judgment of conviction of the Supreme Court of the District of Columbia upon a verdict of the jury in a prosecution for embezzlement. The Court in the opinion stated the facts as follows: The appellant, William Rohde, appeals from a conviction under an indictment charging him with the offense of embezzlement. The indictment is in two counts, the first of which was abandoned on the trial.
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Hearing on an appeal by the accused from a judgment of conviction of the Supreme Court of the District of Columbia upon a verdict of the jury in a prosecution for embezzlement. The Court in the opinion stated the facts as follows: The appellant, William Rohde, appeals from a conviction under an indictment charging him with the offense of embezzlement. The indictment is in two counts, the first of which was abandoned on the trial. The .second count charges that the defendant, Rhode, on April 16th, 1908, was an officer, agent, and clerk of a certain unincorporated association known as, and…
1Opinion of the CourtChief Justice Shepard
1. The first assignment of error is that the offense shoAvn by the evidence, if an offense at all, is larceny, and not embezzlement, as charged in the indictment. To constitute larceny the *253property must be unlawfully taken from tbe possession of another, with the fraudulent intent to convert the same to his own use. The taker without the consent of the owner commits a trespass. The offense of embezzlement consists in the wrongful conversion of the property which has been intrusted to the possession of another. He commits no trespass or wrong in acquiring the possession, but a breach of trust…
2Cases cited6 opinions
- United States v. CorbettSupreme Court of the United States · 1909
- Lafond v. . DeemsNew York Court of Appeals · 1880
- Burke v. RoperSupreme Court of Alabama · 1885
- Ash v. GuieSupreme Court of Pennsylvania · 1881
- Laycock v. StateIndiana Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. Anita G. WhitlockCourt of Appeals for the D.C. Circuit · 1980
- Busby v. Electric Utilities Employees UnionCourt of Appeals for the D.C. Circuit · 1945
- Newark v. Theatrical Mgrs. U.New Jersey Court of Chancery · 1939
- United States v. Anita G. WhitlockCourt of Appeals for the D.C. Circuit · 1980
- United States v. Anita G. WhitlockCourt of Appeals for the D.C. Circuit · 1980