People v. Donald

• Decision Date: 14 June 1882
• Citation: 12 N.W. 669,48 Mich. 491
• Court: Michigan Supreme Court
• Parties: PEOPLE v. DONALD.

12 N.W. 669

48 Mich. 491

PEOPLE v. DONALD.

Supreme Court of Michigan

June 14, 1882

An information for the embezzlement or statutory larceny of "money" is defective for not stating its value if the money embezzled consisted of checks and certificates of deposit. But the defect is open to amendment.

There is no legal presumption, for the purposes of a criminal prosecution, that bank notes, checks, bills of exchange and other securities for money are worth the sums which they represent or any sum.

Comp.Laws � 7811, provides that in a prosecution for embezzlement evidence may be given of "any such embezzlement committed within six months next after the time stated in the indictment." Held, that under this statute an information for embezzlement cannot be sustained by evidence of acts committed before the time stated.

Error to Muskegon.

J.J Van Riper, for the people.

F.W Cook, for defendant.

COOLEY J.

The respondent in this case was found guilty upon the following information:

"State of Michigan, County of Muskegon, ss. The circuit court for the county of Muskegon.

"Nelson De Long, prosecuting attorney for the county of Muskegon aforesaid, for and in behalf of the people of the state of Michigan, comes into said court in the January term thereof A.D.1882, and gives it here to understand and be informed that Robert M. Donald, late of the city of Muskegon in the county of Muskegon and state of Michigan, heretofore, to-wit, on the first day of November, in the year 1881, at the city of Muskegon in said Muskegon county, being then and there an agent and employe of the Muskegon Wood Package & Basket Company, a corporation organized and doing business at said city of Muskegon under the laws of the state of Michigan, and not then and there being an apprentice or other person under 16 years of age, did by virtue of his said employment, then and there and while he was agent and employe as aforesaid, receive into his possession a large sum of money, to-wit, the sum of fifteen hundred dollars, ($1,500,) the property of the Muskegon Wood Package & Basket Company, and did then and there fraudulently and feloniously, embezzle and convert the same to his own use without the consent of his said employers, and the said Robert M. Donald then and there feloniously, in the manner and form aforesaid, the said sum of $1,500 did steal, take, and carry away, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of Michigan. NELSON DE LONG,

"Prosecuting Attorney for the County of Muskegon."

The evidence tended to show the employment of the respondent as alleged; that he received by virtue of his employment a check for $98.93 which he feloniously converted June 8, 1881, a certificate of deposit...