Kribs v. People

Citations

• 82 Ill. 425

Syllabus

<p>1. Embezzlement—what constitutes. If money is placed in the hands of a person to be loaned for the owner for a specified time, upon a certain specified character of security, and at a stipulated rate of interest, and the person so intrusted with the money fraudulently converts the same to his own use, he will be guilty of embezzlement, under the Criminal Code.</p> <p>8. But where one places his money in the hands of another, relying upon his honesty or responsibility for its return, with the stipulated interest, then a failure of the party to properly account for the money so received will not subject him to a criminal prosecution for embezzlement.</p> <p>3. Evidence in criminal cases—as to other like offenses. Upon the trial of a party charged with embezzlement, by the fraudulent conversion to his own use of money placed in his hands to be loaned for the owner, it is not competent for the prosecution to prove that the defendant had collected or secured money belonging to- other parties, and on several occasions, which he had fraudulently converted to his own use. The evidence should be confined to the charge sot forth in the indictment.</p>