CRM/LAW C144 Chapter Notes - Chapter NOLAN and JIMINEZ RECIO: Larceny, Embezzlement

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Office manager of the federal discount corporation, a finance company engaged in the business of making loans and collections. Underlying facts, the actual crime that took place. The appellant contends that the evidence produced made the crime larceny and not embezzlement, as charged in the indictment. The case will be remanded for further proceedings in order that the state, if it deems proper, may try the defendant on an indictment for embezzlement and larceny, if such an indictment is returned against the defendant. : no inconvenience can arise form the maintenance of this distinction, since it is allowable as well as prudent to join a count for larceny to that for embezzlement. But great inconvenience would follow from the acceptance of the principle that the embezzlement statutes absorb all cases of larceny by servants . United states v. jimenez recio (2003) case brief.

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