Hughes' Criminal Law; the Law of Crimes, Prosecutions, Defenses And Procedure As Determined By Decisions of the Courts of Last Resort in the United States And England

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St. 588; Gerard v. S., 10 Tex. App. v. Adams, 108 Mo. 208, 18 S. W.
690; Harris v. S., 21 Tex. App. 478, 1000; Penny v. S., 88 Ala. 105, 7 2 S. W. 830. So. 50.
§ 508 EMBEZZLEMENT. 139' and who is authorized to make collections on his sales, will be guilty of embezzlement in appropriating to his own use money so colleeted,.
where by the terms of his employment he is required to remit such col- lections to his principal and is not permitted to mingle the same with his own money.^^ But if the agen
...t, by the terms of his employment,, is authorized to mingle money collected by him for his principal with his own or otherwise dispose of it, as to use it in his own business and pay interest for the use of it, his act is not criminal.^" § 508. Bailee converting. — A bailee having obtained lawful pos- session of property without fraudulent intent can not be convicted of larceny in appropriating it to his own use while he is such bailee, but will be liable under the statute of embezzlement.^^ But if, at the time property is delivered to a person as a bailee, he entertains a criminal intent to convert the same to his own use, he will be guilty of larceny and not embezzlement.^^ § 509.

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