People v. Treadwell

Citations

• 69 Cal. 226
• 10 P. 502
• 1886 Cal. LEXIS 659

Syllabus

<p>Embezzlement — Attorney at Law. —An attorney at law is guilty of embezzlement if, after collecting money for his client, he appropriates it to his own use, without informing the client of the collection.</p> <p>Id.—Questions eor Jury—Collection by Attorney—When Estopped to Deny Agency.—In a prosecution for such an embezzlement, the question whether the attorney was acting in behalf of the person on whose account the money was collected, or whether such person had any property in the money, is for the jury; and if at the time the money was paid the attorney represented himself to the party paying as the agent of the person on whose account the payment was made, he is afterwards estopped to deny his agency.</p> <p>Id.—Information — Allegation of Agency.—The information averred that the defendant received the money as the agent and servant of- one Haneke. Held, that the capacity in which the money was received was sufficiently alleged.</p> <p>Id.—Embezzlement of Proceeds — Interest of Indorser — Averment of Ownership. — Where the indorsee of a promissory note gives the possession and control of it to the indorser, and he delivers it to an agent for collection, the interest of the indorser is sufficient to sustain an averment of his ownership in an information for the embezzlement of the proceeds of the note by the agent.</p> <p>Id.—Instructions — Elements of Offense — Fraudulent Intent.— In a prosecution for embezzlement, the court may instruct the jury as to what constitutes the offense, and as to the question of fraudulent intent as an element thereof.</p> <p>Id. — Misnomer of Person Injured. — Where the information in such a case correctly describes the person injured, an instruction given in the language of section 956 of the Penal Code, as to the effect of a misnomer in the information of the person injured, is immaterial.</p> <p>Id.—Instruction need not be Repeated.—The refusal to give instructions which have already been given in substance is not error.</p> <