niously stolen, (c) taken and carried away, (feloniously) (d) did receive and have (he the said A. B. then and there well knowing the said goods and chattels to have been feloniously stolen, taken and carried away), against, &c., and against, &c. (Conclude as in book 1, chap. 3.) (For form in U. S. courts, see ante, 421.) (451) Receiving goods stolen by a slave.(e) That a certain negro A., the slave of S. C., late of Philadelphia County, spinster, the tenth day of May, A. D. 1769, at the county aforesaid, and within the jurisdiction of this court, with force and arms, had feloniously stolen, taken and carried away, one black velvet cloak of the value of forty shillings, of the goods and chattels of the said S. C., against, &c. And that M. M., late of Philadelphia County, and well knowing that the said negro A., the felony aforesaid, in form aforesaid had committed, afterwards, to wit, on the eleventh day of May, in the same year aforesaid, at the county aforesaid, and within the jurisdiction of this court, with force and arms, &c., the black velvet cloak aforesaid of the value of forty shillings, feloniously of and from the said negro A. did take and receive, against, &c. (Conclude as in book 1, chap. 3.) (452) Against receiver of stolen goods. Mass. Rev. St. ch. 126, § 20. That C. D., late, &c., on, &c., at, &c. (one hat of the value, &c., here enumerate the articles, and the value of each), of the goods and chattels of one E. F., then and there in the possession of the said E. F. being found, feloniously did steal, take, and carry away; against the peace of said commonwealth, and contrary to the form of the statute in such case made and provided. And the jurors aforesaid, upon their oath aforesaid, do further present, that G. H., late of, &c., laborer, afterwards, to wit, on the first day of July, in the year of our Lord with force and arms, at B. aforesaid, in the county aforesaid, the goods and chattels aforesaid, so as aforesaid feloniously stolen, taken and carried away, feloniously did receive and have, and did then and there aid in the concealment of the same, the said G. H. then and there well knowing the said goods and chattels to have been felo sufficient description of the residue, the jury were instructed by the court below, that there was no misdescription whatever, and a general verdict of guilty was rendered. It was held on review that the erroneous instruction constituted no ground for a new trial, inasmuch as it appeared by the bill of exceptions that the question of the defendant's guilt was identical in respect to the whole of the goods, he having received them, if at all, from the same person by a single act; People v. Wiley, 3 Hill N. Y. R. 194. See ante, Wh. C. L. § 353-63. When the indictment states the larceny to have been committed by some persons to the jurors unknown, it is no objection that the grand jury at the same assizes find a bill for the principal felony, against J. S.; R. v. Bush, R. & R. 372. (e) An indictment under the Tennessee statute, against receiving property knowing the same to be stolen, need not give the name of the principal felon; Swaggerty v. State, 9 Yerg. 338; and the same rule exists in England; Rex v. Jervis, 6 C. & P. 156. It is not essential in such case, to aver that the principal felon or thief had been convicted; ib. An indictment charging that a certain evil disposed person feloniously stole certain goods, and that C. D. and E. F. feloniously received the said goods knowing them to be stolen, was holden good against the receivers, as for a substantive felony; R. v. Caspar, 2 Mood. C. C. 101; 9 C. & P. 289. The time and place, when and where the goods were stolen, need not be stated in the indictment; State v. Holford, 2 Blackf. 103; 1 Leach 109, 477. (d) Of course where the offence is a misdemeanor, as in Pennsylvania, the word "feloniously" must be omitted. (e) Drawn by Mr. Chew in 1769, attorney-general of Pennsylvania, and sustained according to Mr. Bradford's memoranda, by the provincial Supreme Court. niously stolen, taken, and carried away; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.) (453) Same in New York. That O. M. H., &c., at, &c., on, &c., one mare of the value of eighty dollars, of the goods and chattels of one B. M. by a certain ill-disposed person, feloniously did receive and have, he the said O. M. H. then and there well knowing the said goods and chattels to have been feloniously stolen, taken, carried and led away, to the great damage, &c. (f) (Conclude as in book 1, chap. 3.) (454) Same in Pennsylvania. That A. B., &c., on, &c., at, &c., one hat of the value of five dollars, of the goods and chattels, moneys and property of E. F., by C. D. then lately before feloniously stolen, taken and carried away, unlawfully, unjustly and for the sake of wicked gain did receive and have (the said A. B. then and there well knowing the goods and chattels, moneys and property aforesaid, to have been feloniously stolen, taken and carried away), contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) (455) Against a receiver of embezzled property. Mass. St. 1853, ch. 184.(g) That C. D., late of F. in the County of M., trader, on the first day of June, in the year of our Lord at F. aforesaid, in the county aforesaid, being then and there employed as clerk of one J. N., the said C. D., not being then and there an apprentice to the said J. N., nor a person under the age of sixteen years, did, by virtue of his said employment, then and there, and whilst he was so employed as aforesaid, take into his possession certain money, to a large amount, to wit, to the amount of fifty dollars, of the moneys of the said J. N., his employer, and the said money then and there feloniously did embezzle and fraudulently convert to his own use, without the consent of the said J. N.; whereby, and by force of the statute in such case made and provided, the said C. D. is deemed to have committed the crime of simple larceny. And so the jurors aforesaid, upon their oath aforesaid, do further present, that the said C. D. then and there, in manner and form aforesaid, the said money, the property of the said J. N., his said employer, from the said J. N. feloniously did steal, take and carry away; against the peace of said commonwealth, and contrary to the form of the statute in such case made and provided. And the jurors aforesaid, upon their oath aforesaid, do further present, that G. H., late of F., in the county aforesaid, laborer, afterwards, to wit, on the first day of July, in the year of our Lord at F. aforesaid, in the county aforesaid, the money aforesaid, so as aforesaid feloniously embezzled, feloniously did receive and have, and did then and there aid in concealing the same, the said G. H. then and there well knowing the said money to have been embezzled as aforesaid; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.) (456) Receiving stolen goods from some unknown person, in Pennsylvania.(h) That M. J., late of the said county, spinster, being a person of evil name (f) Hopkins v. People, 12 Wend. 76. It is not necessary to allege that any consideration passed between the receiver and the thief. (g) Th. and H. Prec. 450. (h) Drawn by Wm. Bradford, Esq., at the time attorney-general of the commonwealth. and fame and of dishonest conversation, and a common buyer and receiver of stolen goods, on, &c., at, &c., one hundred yards of fine thread lace of the value of twenty-five pounds, of the goods and chattels of J. S. by a certain ill-disposed person to the jurors aforesaid yet unknown, then lately before feloniously stolen, of the same ill-disposed person, unlawfully, unjustly and for the sake of wicked gain, did receive and have, she the said M. J. then and there well knowing the said goods and chattels to have been feloniously stolen, to the great damage of the said J. S., contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) (457) Same in South Carolina. That A. B., &o., on, &c., at, &c., one tin kettle of the value of one dollar, of the proper goods and chattels of E. F., by C. D. then lately before feloniously stolen, taken and carried away, of and from the said C. D., unlawfully, unjustly and for the sake of wicked gain, did buy and receive, the said A. B. then and there well knowing the aforesaid goods and chattels to have been feloniously stolen, taken and carried away; against, &c., and against, &c. (Conclude as in book 1, chap. 3.) Second count. That the said A. B., on, &c., at, &c., one other tin kettle of the value of one dollar, of the proper goods and chattels of the said E. F. by a certain evil disposed person, to the jurors aforesaid unknown, then lately before feloniously stolen, taken and carried away, of and from the said evil-disposedperson, unlawfully, unjustly and for the sake of wicked gain, did buy and receive, the said A. B. then and there well knowing the aforesaid goods and chattels to have been feloniously stolen, taken and carried away; against, &c.,. and against, &c. (Conclude as in book 1, chap. 3.) (458) Same in Tennessee.(i) That S. D. S., &c., on, &c., at, &c., two sides of upper leather, of the value of five dollars, of the goods and chattels of one M. H. B., then lately before feloniously and fraudulently stolen, did then and there receive and have, he the said S. then and there well knowing the said goods and chattels to have been feloniously and fraudulently stolen, taken and carried away, with intent to deprive the true owner thereof, (j) contrary, &c., against, &c. (Conclude as in book 1, chap. 3.) (459) Soliciting a servant to steal, and receiving the stolen goods.(k) That E. D., &c., on, &c., at, &c., falsely, subtly and unlawfully did solicit, entice and persuade one M. P., servant of W. S., of the same county, yeoman, secretly and clandestinely to take and embezzle divers goods and chattels of the said W. S., and to give and deliver such goods and chattels to her the said E., and that the said E. afterwards, the said third day of May, in the year aforesaid, at the county aforesaid, two pounds of coffee, one quarter of a pound of candles, one pound of soap, ten pounds of flour, one pound of bread, half a pint of rum, of the value of six shillings and sixpence, lawful money of Pennsylvania, of the goods and chattels of the said W. S. by the said M., then lately before on the same day and year above mentioned, by the solicitation, incitement and persuasion of the said E., taken and embezzled, (i) This form was held good in Swaggerty v. State, 9 Yerg. 338. then and there falsely, knowingly, subtly and unlawfully did receive, obtain and have, of and from the said M., to the great damage of the same W. S., to the evil example of all others in the like case offending, and against, &c. (Conclude as in book 1, chap. 3.) CHAPTER VII. EMBEZZLEMENT. (a) (460) Against officer of the United States Mint, for embezzling money intrusted to him. (461) Against same person for same, charging him with being a person employed at the Mint. (462) Against auctioneer for embezzlement, under the Mass. Rev. stat., ch. 126, § 30. (a) (Embezzlement at common law.) In general an indictment for a mere breach of trust, not amounting to larceny, will not lie at common law. But where this breach of trust is committed by a public officer misapplying the funds with which he is intrusted for the benefit of the public, he may be indicted for a misdemeanor in respect of his public duty. Thus an indictment will lie at common law against overseers for embezzlement, giving false accounts, or not accounting (see forms in 3 Chit. C. L. 701, et seq.), and against surveyors of highways for embezzlement of gravel. See for embezzlement generally Wh. C. L., as follows: A. STATUTES. United States. Embezzling instruments of war and victuals of the soldiers of U. S., § 1905. Punishment, § 1906. Massachusetts. Embezzling bullion, money, note, bill, obligation, &c., of incorporated bank, § 1907. Embezzlement of clerk in treasury of commonwealth, § 1908. Embezzlement of officer, agent, clerk, or servant, &c., § 1909. Embezzlement of carrier, § 1910. Sufficient in prosecution to allege embezzlement to certain amount without particulars, § 1911. Prosecution for embezzlement of real or personal estate, § 1912. Embezzlement of officer of incorporated bank, § 1913. Sufficient to allege in indictment, fraudulent conversion with such intent to certain amount, without particulars, § 1914. Prosecution for taking or receiving of bullion, money, note, bill, &c., § 1915. Embezzlement of town, city or county officer, § 1916. New York. Embezzlement of clerk, servant, officer or agent, &c., § 1917. Embezzlement of evidence of debt, § 1918. Buying or receiving embezzled money, goods, right in action, &c., § 1919. Pennsylvania. Embezzlement of officer of commonwealth, § 1921. Lien shall not exist if person is previously aware of actual owner, § 1923. Embezzlement of officer of commonwealth, § 1925. Embezzlement of persons engaged in transporting coal, iron, lumber, merchandise, &c., § 1926. Embezzlement of persons connected with mutual savings fund, land or building association, &c., § 1927. (463) Second count larceny. (464) General form of indictment in New York. (465) Second count larceny. (466) Against the President and Cashier of a Bank for an embezzlement. Rev. sts. of Mass., ch. 126, § 17. (467) Against a clerk for embezzlement. Rev. sts. of Mass., ch. 126, § 29. (460) Against officer of the U. S. mint, for embezzling money intrusted to him. That R. H., &c., on, &c., at, &c., then and there being an officer of the United States* charged with the safe keeping, transfer and disbursement of public moneys, unlawfully and feloniously did convert to his own use, and embezzle a portion of the said public moneys intrusted to him the said R. H. for safe keeping, transfer and disbursement, to wit, † the following coins of gold which had been struck and coined at the mint of the United States (stating the coins), altogether of the value of twenty-three thousand two hundred and thirty-eight dollars and sixty-one cents, the said coins of gold and the said coins of silver and the said coins of copper, being at the time of committing the felony aforesaid, the property of the United States of America, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) Second count. (Same as first, except inserting at the averment): "to wit, a clerk of the Mint of the United States, for the treasurer of said mint." Third count. That the said R. H., on, &c., at, &c., then and there being an officer of the United States, having the safe-keeping and disbursement of the ordinary fund for paying the expenses of the Mint of the United States, and charged with the safe-keeping, transfer and disbursement of public moneys, unlawfully and feloniously did convert to his own use and embezzle a portion of the public money intrusted to him the said R. H. for safe-keeping, transfer and disbursement, to wit, the following other coins of gold, which had been struck and coined at the Mint of the United States (stating coins, and concluding as in first count). Fourth count. That the said R. H., on, &c., at, &c., then and there being an agent of the United States, charged with the safe-keeping, transfer and disbursement of public moneys, unlawfully and feloniously did convert to his own use and embezzle a portion of the public moneys intrusted to him the said R. H. for safe-keeping, transfer and disbursement, to wit, (proceeding as in first count from †). Fifth count. That the said R. H., on, &c., at, &c., then and there being an agent of the Virginia. Ohio. (Analysis of Embezzlement in Wh. C. L.) Embezzlement of director or officer, or officer of public trust, &c., § 1928. Altering or omitting to make entry in account, &c., § 1930. Clerk or servant, &c., embezzling, using or secreting, &c., money, goods, &c., § 1931. Embezzlement of evidence of debt, &c., § 1932. Buying or receiving embezzled goods, money, &c., § 1933. B. OFFENCE GENERALLY, § 1935. |