Territory v. Hart

Citations

• 24 Haw. 349
• 1918 Haw. LEXIS 38

Syllabus

<p>Appeal and Error — exception—harmless error.</p> <p>A motion by defendant at the close of the prosecution’s case for an instructed verdict in his favor is equivalent to a demurrer to the evidence and where the motion is erroneously overruled the error becomes harmless if the defendant fails to rest his case on the evidence for the prosecution and introduces evidence in his own behalf which, with the evidence for the prosecution, justifies the verdict against him.</p> <p>Embezzlement — control by accused with owner’s consent.</p> <p>Where the defendant buys stock on margin for a client and controls the account therefor, the client instructing him to hold accruing dividends to accumulate and apply on the purchase price and to not sell the stock, the control of the stock is in the defendant with the consent and authority of the owner within the meaning of the provisions of the statute defining embezzlement.</p> <p>Same — conversion—use and benefit of accused.</p> <p>The defendant bought capital stock of a corporation for a client on margin from a broker in New York; the defendant controlled the account for the stock with the consent of his client and without the latter’s consent had the account for the stock sold and the realization therefor credited to another account for which defendant was liable: Held, that the conversion was for the use and benefit of the defendant within the meaning of the statute defining embezzlement.</p> <p>Same — jurisdiction.</p> <p>Where the defendant, operating in the Territory of Hawaii, cabled from Honolulu to New York directing a broker in New York to sell certain stock which was in his control for a client, the proceeds of which defendant embezzled, the crime being commenced in the Territory of Hawaii the trial court in Hawaii has jurisdiction to indict, try and punish the defendant for such crime.</p> <p>Evidence — criminal law — cross-examination of accused.</p> <p>Where a defendant takes the witness stand in his own behalf he may