1134 ARTICLE 27

cashier, servant, agent, officer, clerk or other person so employed; and being
convicted thereof, shall be punished by imprisonment in the jail or house
of correction, for not more than three years, or in the penitentiary for not
more than fifteen years,¹ in every indictment for a violation of this Sec-
tion, when the offense shall relate to coin or notes circulating as money, it
shall be sufficient to allege the embezzlement to be of money, without speci-
fying any particular coin Or notes circulating as money; and such allega-
tion, so far as regards the description of the property, shall be sustained if
the offender shall be proved to have embezzled any amount of coin or notes
circulating as money, although the particular species of coin or notes cir-
culating as money, of which such amount was composed, shall not be proved.

An indictment in the language of the statute substantially charges felonious intent
and is sufficient to describe the offense. Crouse: v. State, 163 Md. 433.

Where agent of a piano company collected and failed to report money belonging to
company, not off-set by compensation due him, and such money was not treated by
company as an ordinary debt, the case presents every indication of embezzlement. Jor-
dan v. Piano Co., 140 Md. 212.

In an indictment of a clerk to county commissioners under this section, a tax bill
on which was written "Received payment, W. D., Collector, per J. A. D;, Clerk, County
Commissioners," is evidence. Embezzlement by clerk to county, commissioners is. within
scope of this section. It is not necessary to show that traverser received the money "by
virtue of his employment," nor that he had authority to receive it, but only that it was
received in name or on account of employer. Denton' v. State, 77 Md. 528. And see
State v. Denton, 74 Md. 517.

An indictment which merely charges the larceny of $102.72 "current money, a more
particular description of which said money the jurors aforesaid 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 ownership: of property, or
money embezzled, is not sufficient. State v. Tracey, 73 Md. 447.

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

For suits for malicious prosecution growing out of indictment under this section, see
Moneyweight Co. v. McCormick, 109 Md. 179; Medcalfe v. Brooklyn Life Co., 45 Md.
202; Jordan v. Piano Co., 140 Md. 212.

An, Code, 1924, sec. 130. 1912, sec. 113. 1910, ch. 477 (p. 87).

141. If an insurance agent, solicitor or broker who acts in negotiating
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 other-
wise 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 misdemeanor, and, on conviction thereof; shall
be sentenced to the jail or penitentiary for not more than three years, in the
discretion of the court.

An. Code, 1924, sec. 131. 1912, sec. 114. 1904, sec. 104. 1900, ch. 22, sec. 75A.

142. ' If 'any executor, administrator, guardian, committee, trustee, re-
ceiver or any other fiduciary shall fraudulently and wilfully appropriate
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, trustee, 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 em-
bezzlement, and shall be punished upon conviction by 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.

¹ The punctuation of this line is just as it appears in the act.