Commonwealth v. Lettieri

Citations

• 63 Pa. Super. 532
• 1916 Pa. Super. LEXIS 206

Syllabus

<p>Criminal law — Embezzlement — Principal and agent — Act of March 81,1860, Sec. Ilk, P■ L. 882.</p> <p>A person may be an agent within the meaning of Sec. 114, of the Act of March 31, 1860, P. L. 382, although he is the agent of but one principal.</p> <p>The act contemplates such an agent as is authorized to perform acts of a similar character successively as the representative of another.</p> <p>A person may be convicted of embezzlement as an agent under Sec. 114 of the Act of March 31, 1860, P. L. 382, where the evidence shows that he had been the agent for the sale of steamship tickets for one steamship company for five years, that in pursuance of his agency he had sold three tickets and received in payment a promissory note, that he discounted the note and deposited the proceeds to his credit, that the note was subsequently renewed and finally paid, and that defendant had by his own admission received the money and retained it.</p> <p>Criminal law — Embezzlement—Indictment.</p> <p>An indictment under Sec. 114, of the Act of March 31, 1860, P. L. 382, is good which charges the defendant with “being then and there an agent, and being then and there employed as such by and for the said Hartfield, Solari and Company, and being then and there in said capacity as agent entrusted with for safe custody eertain property of another person, to wit,” etc.</p>