THE MICHIGAN PENAL CODE
Act 328 of 1931
750.175 Embezzlement by public officer, agent or servant; penalty.
Sec. 175.
Embezzlement by public officer, his agent, etc.—Any person holding any public office in this state, or the agent or servant of any such person, who knowingly and unlawfully appropriates to his own use, or to the use of any other person, the money or property received by him in his official capacity or employment, of the value of 50 dollars or upwards, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years or by fine of not more than 5,000 dollars.
In any prosecution under this section the failure, neglect or refusal of any public officer to pay over and deliver to his successor all moneys and property which should be in his hands as such officer, shall be prima facie evidence of an offense against the provisions of this section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.175
FormerLaw Notes:
See section 1 of Act 186 of 1929, being CL 1929, § 16985.
Notes of Decisions
Cited in
7
cases, 1973–2020 · leading case:
In re James, 821 N.W.2d 144 (Mich. 2012).
In re James, 821 N.W.2d 144 (Mich. 2012).
· cites it 2× “174; *559 MCL 750.175; MCL 750.218; MCL 600.8501; MCL 600.”
State Bar Grievance Adm'r v. Baun, 232 N.W.2d 621 (Mich. 1975).
· cites it 2× “MCLA 750.175; MSA 28.372 concerns embezzlement by any person holding any public office in this state.”
People v. Patricia Jones, 453 N.W.2d 293 (Mich. Ct. App. 1990).
· cites it 2× “The people appeal by leave granted from a circuit court opinion and order ruling that a demand and a failure, neglect or refusal to account for funds entrusted to a public official are essential elements of the offense of embezzlement by a public official, MCL 750.175; MSA…”
in Re Hon Sylvia a James (Mich. 2012).
· cites it 2× “It adopted all but one5 of the master’s findings, concluding that “[r]espondent’s prolonged and repeated pattern of misconduct in purposefully violating statutes, misappropriating public funds, and making intentional misrepresentations both before and after these proceedings…”
People v. Kalbfleisch, 207 N.W.2d 428 (Mich. Ct. App. 1973).
“A jury found defendant guilty of embezzlement, MCLA 750.175; MSA 28.372. She was sentenced and she appeals.”
in Re Complaint of Robert Taylor for Jud. Investigation (Mich. Ct. App. 2015).
“174; MCL 750.175. The court additionally concluded that the subject himself was the proper holder of the financial device he was accused of misusing, and, as a result, he could not be deemed to have used that device without the cardholder’s consent for purposes of unlawful use…”
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