State v. Betz
Supreme Court of Missouri
Appeal from Gentry Circuit Court. — Hon. Wm. G. Ellison, Judge. (1) “The term bailee, when used in statutes declaring what acts of embezzlement shall constitute a public offense, is not to be understood in its large, but in its limited sense, as including simply those bailees who are authorized to keep, to transfer, or to deliver, and who receive the goods first bona, fide and then fraudulently convert.
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Appeal from Gentry Circuit Court. — Hon. Wm. G. Ellison, Judge. (1) “The term bailee, when used in statutes declaring what acts of embezzlement shall constitute a public offense, is not to be understood in its large, but in its limited sense, as including simply those bailees who are authorized to keep, to transfer, or to deliver, and who receive the goods first bona, fide and then fraudulently convert. Where it does not appear that any fiduciary duty is imposed on the defendant to restore the specific goods of which the alleged bailment is composed, a bailment under the statute is not…
1Opinion of the CourtGantt, J.
— This is an appeal from a conviction of the defendant in the circuit court of Gentry county, for embezzlement as a bailee, under section 1914, Revised Statutes 1899'. The indictment contained three counts, the first charging embezzlement under said section, being the one upon which defendant was convicted; and the second also attempting to charge embezzlement under both sections 1912 and 1914; and the third count charging grand larceny. The second count was, upon motion, quashed, and after the trial was entered into, a nolle prosequi was entered as to both the second and third counts, and…
2Cases cited3 opinions
- Hunt v. WymanMassachusetts Supreme Judicial Court · 1868
- Crocker v. GulliferSupreme Judicial Court of Maine · 1858
- Hotchkiss v. HigginsSupreme Court of Connecticut · 1884
3Cited by12 opinions
- People v. BakerCalifornia Court of Appeal · 1923
- State v. RussellSupreme Court of Missouri · 1954
- Dr. Koch Vegetable Tea Co. v. MaloneCourt of Appeals of Texas · 1914
- State v. CastletonSupreme Court of Missouri · 1914
- Bland v. PetersSupreme Court of Oklahoma · 1911
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