Kibs v. People

Citations

• 81 Ill. 599

Syllabus

<p>1. Indictment—embezzlement. Where a statute makes embezzlement larceny the indictment must set out the acts of embezzlement, and then aver that so the defendant committed larceny. The defendant’s fiduciary character, which is the distinguishing feature between embezzlement and larceny, must be specially averred.</p> <p>2. Same—larceny. Under an indictment simply charging larceny, the defendant can not be convicted of embezzling or fraudulently converting the money of another, which was never in the owner’s possession, as, when the defendant sold a lot for another, and instead of putting the money at interest, on good security, as directed, lost the same at gaming.</p>