ART. 27] EMBEZZLEMENT. 345

is not necessary to show that the traverser received the money "by virtue
of his employment," nor that he had authority to receive it. but only that
it was received in the name or on account of the employer. Denton v. State,
77 Md. 528. And see State v. Denton, 74 Md. 517.

An indictment which merely charges the laceny of $102.72 "current
money, a more particular description of which said money the jurors afore-
said have not and cannot give," is properly quashed as too vague. State
v. Denton, 74 Md. 518.

An indictment under this section which does not allege the ownership of
the property or money embezzled, is not sufficient. State v Tracey, 73
Md. 447.

An attorney-at-law is an "agent" within the meaning of this section.
The Jury are judges of the law as well as of the facts in a criminal case;
improper statement to the jury by the state's attorney. Dick v. State, 107
Md. 12...

For suits for malicious prosecution growing out of an indictment under
this section, see Moneyweight Co. v. McCormick, 109 Md. 179; Medcalfe v.
Brooklyn life Co., 45 Md. 202.

1910, ch. 477 (p. 87).

113. If an insurance agent, solicitor or broker who acts in negoti-
ating a contract of insurance by an insurance company lawfully doing
business in this State, and who embezzles or fraudulently converts to
his own use, or, with intent to use or embezzle, takes, secretes, lends,
invests or otherwise uses or applies any money or substitute for money
received by him as such agent, solicitor or broker, contrary to the
instructions or without the consent of the company for or on account

of which the same was received by him, he shall be guilty of a misde-
meanor, and, on conviction thereof, shall be sentenced to the jail or
penitentiary for not more than three years, in the discretion of the

court.

1904, art. 27, sec. 104. 1900, ch. 22, sec. 75A.

114. If any executor, administrator, guardian, committee, trustee,
receiver or any other fiduciary shall fraudulently and wilfully appro-
priate to any use and purpose not in the due and lawful execution of
his trust, any money or any other thing of value which may come into
his hands as such executor, administrator, guardian, committee, trus-
tee, receiver, or in any other fiduciary capacity, or secrete it with a
fraudulent intent to appropriate it to such use or purpose, he shall be
deemed guilty of embezzlement, and shall be punished upon conviction
ly imprisonment in the penitentiary for not less than one year nor
more than five years.

Cited but not construed in Dick v. State, 107 Md. 15, 21, 23.

Ibid. sec. 105. 1888, art. 27, sec. 76. 1862, ch. 114.

115. If any person engaged in transporting coal, iron, lumber or

other articles of merchandise, or any property whatever, on any high-
way, river, railroad or canal, within this State, shall sell, dispose of,
give away, use or pledge the same or any part thereof, without the
consent of the owner or owners thereof, such person shall be deemed
guilty of a misdemeanor, and on conviction thereof shall be punished