State v Brooks
Ct of App. New Mex 1993
Author:- Sam Biers

Facts:   Df was book keeper for a property mgmt. Comp.  He was responsible for the rent receipts, making deposits, and balancing the books.  Df confessed to taking $3000 of cash rent money.

Issue: Whether the df’s actions equal larceny or embezzlement?

Holding: Embezzlement

Procedure: Jury Found guilty of 7 cts of embezzlement.  Affirmed.

Rule: Entrustment means to commit or surrender to another with a certain confidence regarding his care, use , or disposal of that which is committed or surrendered.

Ct. Rationale: Df was responsible for the money after it was received and placed in the desk drawer.  All money was to be deposited in the bank by the Df.  Df took the money from the drawer he was entrusted with and kept it over a period of time. The intent did not arise until after df had possession of the money.

PL A: Each act was a criminal episode, not one continous act.

Df A: The taking of the money was the intent to deprive another of property of value was larceny and constituted one act.

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