State v. Johnson

Citations

• 109 Kan. 239
• 199 P. 104
• 1921 Kan. LEXIS 114

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Embezzlement — By Officer of Corporation — Sufficiency of Information. The rule that an information charging embezzlement by a bailee must set out the circumstances under which the property was received by the defendant in order that the character of the bailment may be shown has no application to a charge against the officer of a corporation for embezzling its funds.</p> <p>2. Same. The fact that the president of a corporation whose duties include the general supervision of its affairs is described in an information charging him with embezzling its funds, by the additional title of general manager, a position not recognized by the by-laws, is not a ground for' setting aside a conviction.</p> <p>3. Same — Funds in Bank — Defendant’s Custody and Possession of the Same. The funds of a corporation deposited in a bank in its name, which in practice are paid out on checks signed by the president, are in his possession and under his care in such sense as to render him liable for embezzlement in case of his using for his own benefit sums so withdrawn, notwithstanding provisions of the by-laws that the treasurer of the corporation should have custody of the money and that its deposits should be checked against only by him or other persons designated by the management.</p> <p>4. Same — Conversion of Corporate Funds — Accomplished by Drawing Check on Bank Deposit for Officer’s Private Benefit. Conversion of the • funds of a corporation may be accomplished by an officer thereof drawing a check on its .deposit and obtaining money which he uses otherwise than for the benefit of the corporation, although the check when it reaches the bank on which it is drawn is merely marked paid and charged to the corporation’s account, no money being passed over the counter; and the act may constitute embezzlement, although such officer derives no personal benefit from the transaction.</p> <p>5. Same — Corporate Funds in Bank — Cheek Drawn for Private Advant