Griffin v. State

Citations

• 4 Tex. Ct. App. 390

Syllabus

<p>1. Embezzlement. — The only safe guide in determining what constitutes the-crime of embezzlement, and what persons are amenable to the charge, is-to be found in our own Code and statutes, and in the adjudications thereupon. Decisions of other states are to be consulted with great caution, in view of the very diverse character of their enactments on this subject.</p> <p>2. Same.—Under the law of this state, the offenses of theft and embezzlement are entirely separate and distinct. The case of Riley v. The State, 32 Texas, 763, which treats embezzlement as a species or degree of theft is hereby overruled.</p> <p>3. Same. — Our Penal Code defines embezzlement under two separate heads, the first being the embezzlement or misapplication of public money, and . the second the embezzlement of property -by private persons. The provisions of the Code, under this latter head, have been materially amended and extended by the act of May 25, 1876, and made applicable to attorneys who fraudulently misapply or convert the money or property of their clients.</p> <p>4. Same—Indictment. — To constitute embezzlement under the Code as amended, it is necessary (1) that the accused occupy some one of the several fiduciary relations specified; (2) that the money or property belonged to his principal; and (3) that it came to the possession of the accused by virtue of his fiduciary relation to his principal. An indictment for this offense must sufficiently charge each of those constituents.</p> <p>6. Same — Case Stated.—Indictment for embezzlement charged that the accused was the agent of a certain incorporated express company, and that, as such, he received §10,000, to be transported to a consignee at St. Louis; but further alleged that the money belonged to a certain-bank, and neither stated that the express company had any property in the money, nor that any fiduciary relation existed between the bank and the accused. Held, that the indictment is fatally defective in substance, necessi