People v. Montarial

Citations

• 120 Cal. 691
• 53 P. 355
• 1898 Cal. LEXIS 836

Syllabus

<p>Criminal Law—Grand Larceny—Embezzlement—Money Placed in Trunks.—Money placed by the owner in the trunks of the defendant for safekeeping, in purses securely tied, three hundred dollars being so placed in one trunk, and five hundred dollars in another, the keys of the trunks being always subject to the call .of the owner of the money, does not constitute a bailment or intrusting of the money to the defendant within section 503 of the Penal Code, and the fraudulent appropriation of the money by the defendant to his own use is grand larceny, and not embezzlement.</p> <p>Id.—Loan of Use of Trunks—Possession of Money.—In legal effect, the use of the trunks of the defendant was loaned or given to the owner by the defendant as a place for keeping his money, and the money remained in the possession of the owner; and the mere fact that defendant carried the keys to the trunks is not a material consideration.</p> <p>Id.—Construction of Testimony—Intrusting of Money.—The testimony of the owner that he “intrusted” the money to the defendant is to be considered in the light of his whole testimony, and all of the circumstances of the case, and not as importing such an intrusting of the money to the safekeeping of the defendant as to bring it within the definition of embezzlement.</p> <p>In.—Felonious Intent in Inducing Deposit.—If the defendant induced the owner of the money to deposit it in his trunks for the purpose of getting it into his possession and control, with the intent thereafter feloniously to appropriate it, the act of appropriation, when accomplished, constituted larceny.</p>