There is another class of cases in which the offender is said to be guilty of larceny as bailee. Thus for illustration, if the owner of a horse entrusts it to another to sell and deliver the proceeds to him, and that person sells the horse and feloniously converts the proceeds to his own use he is guilty of larceny as bailee. The reason is he became bailee of the money he received in exchange for the horse.30

The doctrine of larceny as bailee seems to be that where the owner of the property voluntarily parts with the possession merely but not the title of it, expecting and intending the same thing shall be returned to him, or that it shall be disposed of in some particular way as directed or agreed upon for his benefit, then the property may be feloniously converted by the bailee, so as to relate back and make the taking and conversion a felony if the property was obtained with that intent.31

28Fulcher vs. State, 32 Tex. Cr.

App., 621; Hughes Cr. Law, Sec. 394. 29 Lane vs. People, 5 Gilm. (111.), 308; Hughes Cr. Law, Sec. 395.

30 Queen vs. DeBanks, L. R., 13 Q. B. D., 29; Bergman vs. People, 177 111., 244.

31 Id.