State v. Brewington

Citations

• 25 Del. 71
• 2 Boyce 71
• 78 A. 402
• 1910 Del. LEXIS 74

Syllabus

<p>1. Larceny — Definition.</p> <p>At common law, as well as by statute, “larceny” is the wrongful taking and carrying away of the personalty of another, with a felonious intent to convert it to the taker’s use without the owner’s consent.</p> <p>2. Embezzlement — Offenses—Larceny by Bailee or Agent.</p> <p>16 Del. Laws, c. 153, makes it embezzlement for a servant or agent, having property in his possession as such, to wrongfully convert it to ms own use, though the property has never been in the possession of the master or employer. Acts Gen. Assem., May 3, 1893 (19 Del. Laws, c. 782), makes one guilty of a misdemeanor who, being a bailee of money or property, the subject of larceny, embezzles or fraudulently converts it to his own use. Held, that the statutes made it “embezzlement” to fraudulently appropriate to his own use personalty of another coming into the appropriator’s hands lawfully with the owner’s consent, as his baüee or in any other fiduciary capacity.</p> <p>3. Embezzlement — Prosecution—Elements of Offense.</p> <p>In a prosecution for embezzlement of money held as bailee, it must appear that accused was the bailee of property belonging to the alleged owner, which was the subject of larceny, and that he fraudulently converted it to his own use.</p> <p>4. Embezzlement — Embezzlement as Bailee — “Bailment”—“Bailee.”</p> <p>A “bailment,” as contemplated by the statute, punishing embezzlement by a bailee, consists in the delivery of personal property which is the subject of larceny, by one to another, to lie held or used by the latter as directed, under a contract, express or implied, that it shall be redelivered after the purpose of delivery has been fulfilled, or disposed of pursuant to the direction of the person delivering it; the one to whom the property is delivered being a “bailee.”</p> <p>5. Embezzlement — Embezzlement by Bailee — Money Intrusted to Person to Change — Bailment.</p> <p>The delivery by another to accused of $5 for the purpose of get