People v. Kinard

Criminal Law—Embezzlement—Wrongful Cashing of Check—Misappropriation—Statute of Limitations.—Where the defendant was intrusted with a check payable to him by the prosecuting witness with instruction not to draw it until she should send for it on her visit in Australia, and the defendant wrongfully cashed the check on the following day, and misappropriated defendant’s money to his own use, an information filed charging embezzlement of the money three years and five months after the date of misappropriation of the money, and two years and six months after the discovery of the misappropriation by the prosecuting witness, is barred by the statute of limitations.

Id.—Demand not Essential to Put Criminal Statute in Motion.—It is held in this case that a demand upon the defendant for the money misappropriated was not essential to put the criminal statute in motion upon the charge of embezzlement, which commenced to run from the date of its misappropriation, and expired at the end of three years thereafter with no attempt at prosecution, though known by the prosecuting witness to have existed long before the expiration of the statute.