State v. Davis

Citations

• 19 Del. 220
• 3 Penne. 220
• 50 A. 99
• 1901 Del. LEXIS 16

Syllabus

<p>Criminal Law—Embezzlement—Bailee—Intent to Defraud— Custody of the Property—Good Character of Defendant; Absence of Proof of; Commenting on by Attorney-General.</p> <p>1. Attorney-General allowed to comment on the fact that the defendant had offered no proof of his good character.</p> <p>2. A bailee is one to whom personal property, the subject of larceny under the statute, is delivered under a contract of bailment; and a bailment is a delivery of some personal property, the subject of larceny, by one person, or by another for him, to another; to be held according to the purpose of delivery; and to be returned when that purpose is accomplished.</p> <p>3. Embezzlement is where one fraudulently appropriates the property of another entrusted to his care, or fraudulently misapplies it instead of applying it to its proper purpose.</p> <p>4. It is necessary for the State to prove that at least a part of the property described in the indictment actually came into the custody of the defendant as bailee» and while being so in his custody, he embezzled or fraudulently misapplied or converted it to his own use. In this offense the intent to defraud—that is, the bad faith— is necessary to be shown before the defendant can be found guilty. The fraudulent intent may be proved either by direct evidence or by circumstances from which the fraudulent intent may be inferred.</p>