[DOWNLOAD] "State v. State Board of Equalization Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free

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eBook details

• Title: State v. State Board of Equalization Et Al.
• Author : Supreme Court of Montana
• Release Date : January 06, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

CRIMINAL LAW — LARCENY — EMBEZZLEMENT — BAILMENT. Page 19 1. Criminal Law — Criminal intent. Necessary ingredient of a crime, as distinguished from a civil trespass, is the existence of a criminal intent. 2. Larceny. Intent distinguishes larceny from a mere civil trespass. 3. Larceny — Trespass. Every taking of anothers property without legal justification is a trespass upon the owners right to its continued possession, but it does not constitute a crime unless the act is perpetrated feloniously, with animus furandi or with intent to steal. 4. Larceny — Criminal intent not established. In prosecution for larceny, evidence that bailee, president of sawmill, requested bailors, owners of another sawmill, to ship joint carload of lumber, that after sale thereof bailee received and deposited proceeds in bank to account of sawmill, that he orally agreed to mail check to bailors for their share of lumber sold but that bailee used money for sawmill business prior to failure of sawmill, did not establish criminal intent on part of bailee to commit larceny. 5. Embezzlement — Circumstances may indicate criminal intent. Intent to commit larceny may be found from the facts and circumstances surrounding transaction, but the mere existence of an unpaid debt does not demonstrate any intent to fraudulently appropriate the property. 6. Larceny — Elements of larceny. To constitute larceny, the party committing the offense must have the view of converting the property to his own use permanently or depriving the owner of his property permanently.

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