State v. Smith

The respondent, convicted under R. S. 1930, Chap. 131, Sec. 10, comes to this Court on appeal and exceptions. This statute provides in part:'

“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, or any part thereof, which may be the subject of larceny, shall be deemed guilty of larceny, and shall be punished accordingly.”

By its enactment “a peculiar species of larceny” was created “where the felonious taking is wanting.” State v. Stevenson, 91 Me., 107, 111, 39 A.,…