FIRST DIVISION
[G.R. No. 2460. April 19, 1906. ]
THE UNITED STATES, Plaintiff-Appellee, v. G. L. MUHN, JR., Defendant-Appellant.
Wm. J. Rohde, for Appellant.
Solicitor-General Araneta, for Appellee.
SYLLABUS
1. CRIMINAL LAW; "ESTAFA." — The defendant, an agent, at the termination of his contract of employment owed the principal 2,777.23 pesos. He then had in his hands 1,000 pesos in cash, the property of his principal. He refused to deliver this can unless the principal accepted in settlement of his debt certain claims against third persons growing out of the agency, which the principal declined to do. He afterwards used the 1,000 pesos in his private business, and lost it. Held, That as to the 1,000 pesos he was guilty of estafa.
D E C I S I O N
WILLARD, J.:
In April, 1902, the defendant and Nicolas Carranceja made a contract, of which the following is a copy:jgc:chanrobles.com.ph
"DAET, CAMARINES NORTE, P. I., April —, 1902. "We, the undersigned of this contract, do agree to abide by the following:jgc:chanrobles.com.ph
"First. That Nicolas Carranceja employs G. L. Muhn, jr., at Labo, P. I., to buy hemp and sell rice and anisado paying him a salary of 70 pesos, Mexican, per month, with a commission of 0.25 pesos, Mexican, for each pico of hemp he purchases and 0.12
"DAET, CAMARINES NORTE, P. I., April —, 1902. "We, the undersigned of this contract, do agree to abide by the following:jgc:chanrobles.com.ph
"First. That Nicolas Carranceja employs G. L. Muhn, jr., at Labo, P. I., to buy hemp and sell rice and anisado paying him a salary of 70 pesos, Mexican, per month, with a commission of 0.25 pesos, Mexican, for each pico of hemp he purchases and 0.12
