108 P. 349 | Utah | 1910
The appellant was convicted of the crime of embezzlement. Under the statute (Comp. Laws 1907, section 4384), every person guilty of that offense is punishable in the manner prescribed for feloniously stealing property of the value of that embezzled. Grand larceny is committed when the value of the property taken exceeds fifty dollars. (Section 4359.) When the value is fifty dollars, or less, the offense is petit larceny. (Section 4360). It is charged in the information that the appellant embezzled two hundred dollars, the property of the Theater Publishing Company, a corporation. The jury found the appellant guilty of embezzlement “as charged in the information,” and that “the value of the money embezzled exceeded fifty dollars.”
The evidence on the part of the state tended to show that the appellant was employed by the publishing company to solicit advertising contracts. Between the 12th day of November and the 20th day of December, 1908, he collected from divers persons the sum of $235.60 due the publishing company upon contracts solicited and procured by him. He failed to account for the moneys so collected, and fraudulently and unlawfully appropriated and converted them to his own use, and left the state for California, where he went under an assumed name, as testified to by himself, “to avoid being located on account of the money I had collected in Salt Lake (Utah) and appropriated.” The evidence shows that $48.60 was the largest sum collected by him from any one person at any one time. In view of such fact, the appellant requested the court to charge the jury that to find
We think no error was committed in the ruling.
The case is not like that argued to us by appellant
It is further urged that tbe appellant is not guilty of embezzlement because it is shown that be was authorized by bis employer to only solicit advertising contracts, and not to collect money due or to become due thereon. It might about as well be argued that the appellant was not guilty because he was not authorized to apropriate
We think the judgment ought to be affirmed.
Such is the order.