thereof, fraudulently converts the same or the proceeds thereof to his own use, or secretes it or them with a fraudulent intent to convert to his own use, he is guilty of embezzlement, whether he has broken the package or otherwise determined the bailment or not.
Clerk or servant guilty of embezzlement.s. 601, Pen. C.
§ 6801. If any clerk or servant of any private person or copartnership or corporation, except apprentices and persons within the age of eighteen years, fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, any property of any other person which has come into his control or care by virtue of his employment as such clerk or servant, he is guilty of embezzlement.
Distinct taking not necessary.s. 602, Pen. C.
§ 6802. A distinct act of taking is not necessary to constitute embezzlement, but any fraudulent appropriation, conversion or use of property, coming within the above prohibitions is sufficient.
Evidence of debt subject of embezzlement.s. 603, Pen. C.
§ 6803. Any evidence of debt, negotiable by delivery only, and actually executed, is equally the subject of embezzlement whether it has been delivered or issued as a valid instrument or not.
Property taken under claim of title.s. 604, Pen. C.
§ 6804. Upon any indictment for embezzlement it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith even though such claim is untenable. But this provision shall not excuse the retention of the property of another, to offset or pay demand held against him.
Intent to restore no defense.s. 605, Pen. C.
§ 6805. The fact that the accused intended to restore the property embezzled, is no ground of defense, or of mitigation of punishment, if it has not been restored before an information has been laid before a magistrate, charging the commission of the offense.
Mitigation of punishment.s. 606, Pen. C.
§ 6806. Whenever it is made to appear that prior to any information laid before a magistrate charging the commission of embezzlement, the person accused voluntarily and actually restored or tendered restoration of the property alleged to have been embezzled, or any part thereof, such fact is not a ground of defense to the indictment, but it authorizes the court to mitigate punishment in its discretion.
Punishment for embezzlement.s. 607, Pen. C.
§ 6807. Every person guilty of embezzlement is punishable in the manner prescribed for feloniously stealing property of the value of that embezzled. And where the property embezzled is an evidence of debt or right in action, the sum due upon it, or secured to be paid by it, shall be taken as its value.
CHAPTER 46.
EXTORTION.
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Section. 6808. Extortion defined. 6809. What threats constitute extortion. 6810. Punishment for extortion. 6811. Extortion under color of official right.
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Section. 6812. Obtaining signature by extortion. 6813. Sending threatening letters. 6814. Attempts to extort money.
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s. 608, Pen. C.
§ 6808. Extortion is the obtaining of property from another with his consent, induced by a wrongful use of force or fear, or under color of official right.
What threats constitute extortion.s. 609, Pen. C.
§ 6809. Fear such as will constitute extortion, may be induced by a threat, either:
1. To do an unlawful injury to the person or property of the1119
