Moore v. United States

Citations

• 160 U.S. 268
• 16 S. Ct. 294
• 40 L. Ed. 422
• 1895 U.S. LEXIS 2363

Syllabus

<p>A count in an indictment which charges that the accused, “ Being then and there an assistant, clerk, or employé in or connected with the business or operations of the United'States post office in the city of Mobile, in the State of Alabama, did embezzle the sum of sixteen hundred and fifty-two and dollars, money of the United States, of the value of sixteen hundred and fifty-two and dollars, the said money being the personal property of the United States,” is defective in that it does not further allege that such sum came into his possession in that capacity.</p> <p>The count having been demurred-to, aud the demurrer having been overruled, the objection to it is not covered by Rev. Stat. § 1025, and is not curedhy verdict.</p> <p>Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted, or into whose hands it has lawfully come; and it differs from larceny in the fact that the original taking of the property was lawful, or with the consent of the owner, while, in larceny, the felonious intent must have existed at the time of the taking,</p>