The fraudulent appropriation to his own use or benefit of property or money intrusted to him by another, by. a clerk, agent, trustee, public officer, or other person acting in a fiduciary character. See 4 Bl. Comm. 230, 231; 3 Kent, Comm. 194; 4 Steph. Comm. 168, 169, 219; Fagnan v. Knox, 40 N. Y. Super. Ct 49; State v. Sullivan, 49 La. Ann. 197, 21 South. 688, 62 Am. St Rep. 644; State v. Trolson, 21 Nev. 419, 32 Pac. 930; Moore v. U. S., 160 U. S. 268, 16 Sup. Ct 294, 40 L. Ed. 422; Fulton y. Hammond (C. C.) 11 Fed. 203; People v. Gordon, 133 Cal. 328, 65 Pac. 746, 85 Am. St Rep. 174.
Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted. Pen. Code Cal.