Smith v. United States

Defendant asks review of a judgment of conviction in Alaska under an indictment which charged that he had embezzled $253.25 — “the said money and the whole thereof being then and there the property of other persons, to wit, the Nenana Lodge, No. 1193, Loyal Order of Moose, the said Nenana Lodge, No. 1193, Loyal Order of Moose, being then and there a fraternal organization, and the said William H. Smith being then and there an agent, servant, and employé of the said Nenana Lodge, No. 1193, Loyal Order of Moose, to wit, its secretary, and the said sum of $253.25 and the whole thereof having come into his possession as such officer, employé, and servant of said lodge,” etc.

The statute (section 1926, Criminal Code, Compiled Laws of Alaska 1913) provides: That if any officer, agent, clerk, employé, or servant “of any private person or persons, copartnership, or incorporation” shall embezzle or fraudulently convert to his own use, or shall take or secrete with intent to embezzle or fraudulently convert to his own use, “any money, property or thing of another which may be the subject of larceny, and which shall have come into his possession or be under his care by virtue of such…