Bowen v. State, No. 78

CourtCourt of Appeals of Maryland
Writing for the CourtBefore BRUNE; COLLINS
Citation206 Md. 368,111 A.2d 844
PartiesJames H. BOWEN v. STATE of Maryland.
Decision Date21 February 1955
Docket NumberNo. 78

Page 368

206 Md. 368
111 A.2d 844
James H. BOWEN
v.
STATE of Maryland.
No. 78.
Court of Appeals of Maryland.
Feb. 21, 1955.

Page 370

Barnard T. Welsh, Rockville, and Arthur J. Hilland, Washington, D. C., for appellant.

James H. Norris, Jr., Asst. Atty. Gen., (Edward D. E. Rollins, Atty. Gen., and Walter W. Dawson, State's Atty., Montgomery County, and Thomas M. Anderson, Sp. Asst. State's Atty., Montgomery County, Rockville, on the brief), for appellee.

Before BRUNE, C. J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

COLLINS, Judge.

This is an appeal from a conviction on an indictment charging the appellant, James H. Bowen, on September 8, 1952, and thence continually until April 8, 1953, in Montgomery County, Maryland, in the first count with larceny after trust, Code 1951, Article 27, Section 420, and in the second count with embezzlement, Code 1951, Article 27, Section 154.

The pertinent parts of the first count follow. '* * * that James H. Bowen, late of said County, on the eighth day of September, in the year of our Lord nineteen hundred and fifty-two, and thence continually until the eighth day of April, in the year of our Lord nineteen hundred and fifty-three, at the County aforesaid, being entrusted [111 A.2d 845] with the possession of ten thousand, six hundred, seven dollars, thirty-six cents, current money of the United States, * * * of the goods and chattels, moneys and property of William J. Collins and Catherine V. Collins, for the purpose of applying the said ten thousand six hundred seven dollars, thirty-six cents, current money of the United States, * * * for the use and benefit of the said William J. Collins and Catherine V. Collins, did then and there feloniously and fraudulently convert the same to the use of the said James H. Bowen, * * *.'

The pertinent parts of the second count follow. '* * * the said James H. Bowen being then and there agent of

Page 371

William J. Collins and Catherine V. Collins, and as such agent of William J. Collins and Catherine V. Collins, having received into his possession for, on account of and in the name of the said William J. Collins and Catherine V. Collins, his employer, the sum of ten thousand, six hundred, seven dollars, thirty-six cents, current money of the United States, * * * did then and there feloniously and fraudulently embezzle said sum of ten thousand, six hundred seven dollars, thirty-six cents, current money of the United States, * * * of the money and property of the said William J. Collins and Catherine V. Collins, * * *.'

On July 22, 1952, Mrs. Violet C. Helgemo entered into a contract to sell her house and lot in Silver Spring, Maryland, to William J. Collins and Catherine V. Collins, his wife, for the sum of $19,500. Mr. Collins paid Mrs. Helgemo a deposit of $1,000. The property under contract was subject to a first trust in the amount of $12,500 due the Perpetual Building Association of the District of Columbia (Perpetual). The purchasers agreed to pay 'all cash above 1st trust or all cash.' Mr. Collins decided to sell the house which he then owned and apply the proceeds to the above purchase, to borrow $7,000 from the Home Federal Building and Loan Association and with the cash thereby received to pay off Perpetual.

On September 8, 1952, settlement was held at the office of the Security Title and Investment Corporation (Security), in Bethesda, Montgomery County, Maryland. The appellant was president of that corporation. He was not present at that time. The settlement was handled by Mrs. Melva G. Story, who was appellant's secretary and the secretary of Security and the only employee of that corporation other than the appellant. Mr. Collins, the purchaser, instructed the Home Federal Building and Loan Association to send $6,983, which he had received on the mortgage to that Association, to Security. He also instructed the Lawyers' Title Insurance Corporation to send $10,670.17, which he had received

Page 372

from the sale of his house, to Security. He also gave to Security his personal check in the amount of $1,026.50, which paid the purchase price of the house and lot he was buying and the costs of the transaction. From these checks which were sent to Security he instructed Security that the mortgage of $12,500, which Mrs. Helgemo had given to Perpetual, was to be paid. Mr. Collins' check in the amount of $1,026.50 to the order of Security was given by Collins to Security's employee, Mrs. Story, in Security's office in Bethesda, Maryland. This check was deposited in the trustee's account of Security in the Security Bank of Washington, D. C. (Security Bank), located in the District of Columbia. The check in the amount of $6,983, from the Home Federal Building and Loan Association was mailed by that Association to Security at Bethesda, Maryland, and deposited in Security's trustee's account in the Security Bank in Washington. Settlement for the sale of Mr. Collins' old home was made at the offices of the Lawyers' Title Insurance Corporation, at 923 Fifteenth Street, N.W., in Washington, D. C. Under instructions from Mr. Collins, the check in the amount of $10,670.17 realized from that sale was delivered to Security at Bethesda, Maryland, and deposited by it in its trustee's account in the Security Bank in Washington. Therefore, all the checks were deposited in Washington and paid in Washington. All the withdrawals from the trustee's account were made in Washington.

The testimony shows that Security was incorporated in 1946 with an office in Washington. [111 A.2d 846] Later that year it acquired an office in Bethesda. It continued in existence until 1953. The incorporators were Ellis M. Jones, James H. Benner and the appellant. Messrs. Benner and Jones agreed to purchase part of appellant's stock but did not do so. Appellant became owner of all the common and preferred stock except for $5,000 worth of preferred stock which was purchased by one Dr. Maxwell. An account was opened in the Security Bank early in 1947. Security conducted a title business from

Page 373

the time of its incorporation until it was closed out. Some time during the existence of the corporation Mr. Benner, Mr. Jones and a Mr. John R. Hoeffler, together with the appellant, served as officers. At one time...

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44 practice notes
  • Rios v. State, No. 85-276
    • United States
    • United States State Supreme Court of Wyoming
    • February 24, 1987
    ...(1974); Commonwealth v. Lanoue, 326 Mass. 559, 95 N.E.2d 925 (1950); State v. Jones, 51 Md.App. 321, 443 A.2d 967 (1982); Bowen v. State, 206 Md. 368, 111 A.2d 844 (1955); People v. Kirby, 42 Mich.App. 97, 201 N.W.2d 355 (1972); State v. Batdorf, 293 N.C. 486, 238 S.E.2d 497 (1977); Hardy v......
  • Khalifa v. State, No. 133
    • United States
    • Court of Appeals of Maryland
    • August 3, 2004
    ...West v. State, 369 Md. 150, 158, 797 A.2d 1278, 1282 (2002) quoting Butler, 353 Md. at 72-73, 724 A.2d at 660 (quoting Bowen v. State, 206 Md. 368, 375, 111 A.2d 844, 847 (1955)); Cain, 360 Md. at 214-15, 757 A.2d at In describing the concept of territorial jurisdiction where different elem......
  • U.S. v. Stockton, No. 84-5215
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • April 9, 1986
    ...is the conversion of property belonging to another. E.g., People v. Riggins, 13 Ill.2d 134, 148 N.E.2d 450, 452 (1958); Bowen v. State, 206 Md. 368, 111 A.2d 844, 847 (1955); State v. Doolittle, 153 Kan. 608, 113 P.2d 94, 96 (1941); State v. Holley, 115 W.Va. 464, 177 S.E. 302, 303 (1934); ......
  • Urciolo v. State, No. 266
    • United States
    • Court of Appeals of Maryland
    • October 10, 1974
    ...539 (1960); Martel v. State, 221 Md. 294, 157 A.2d 437, cert. denied, 363 U.S. 849, 80 S.Ct. 1628, 4 L.Ed.2d 1732 (1960); Bowen v. State, 206 Md. 368, 111 A.2d 844 (1955); and Waldrop v. State, 12 Md.App. 371, 278 A.2d 619, cert. denied, 263 Md. 722 (1971), 'Unquestionably, the Waldrop Cour......
  • Request a trial to view additional results
44 cases
  • Rios v. State, No. 85-276
    • United States
    • United States State Supreme Court of Wyoming
    • February 24, 1987
    ...(1974); Commonwealth v. Lanoue, 326 Mass. 559, 95 N.E.2d 925 (1950); State v. Jones, 51 Md.App. 321, 443 A.2d 967 (1982); Bowen v. State, 206 Md. 368, 111 A.2d 844 (1955); People v. Kirby, 42 Mich.App. 97, 201 N.W.2d 355 (1972); State v. Batdorf, 293 N.C. 486, 238 S.E.2d 497 (1977); Hardy v......
  • Khalifa v. State, No. 133
    • United States
    • Court of Appeals of Maryland
    • August 3, 2004
    ...West v. State, 369 Md. 150, 158, 797 A.2d 1278, 1282 (2002) quoting Butler, 353 Md. at 72-73, 724 A.2d at 660 (quoting Bowen v. State, 206 Md. 368, 375, 111 A.2d 844, 847 (1955)); Cain, 360 Md. at 214-15, 757 A.2d at In describing the concept of territorial jurisdiction where different elem......
  • U.S. v. Stockton, No. 84-5215
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • April 9, 1986
    ...is the conversion of property belonging to another. E.g., People v. Riggins, 13 Ill.2d 134, 148 N.E.2d 450, 452 (1958); Bowen v. State, 206 Md. 368, 111 A.2d 844, 847 (1955); State v. Doolittle, 153 Kan. 608, 113 P.2d 94, 96 (1941); State v. Holley, 115 W.Va. 464, 177 S.E. 302, 303 (1934); ......
  • Urciolo v. State, No. 266
    • United States
    • Court of Appeals of Maryland
    • October 10, 1974
    ...539 (1960); Martel v. State, 221 Md. 294, 157 A.2d 437, cert. denied, 363 U.S. 849, 80 S.Ct. 1628, 4 L.Ed.2d 1732 (1960); Bowen v. State, 206 Md. 368, 111 A.2d 844 (1955); and Waldrop v. State, 12 Md.App. 371, 278 A.2d 619, cert. denied, 263 Md. 722 (1971), 'Unquestionably, the Waldrop Cour......
  • Request a trial to view additional results

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