Embezzlement is the fraudulent appropriation or conversion of the personal property of another by-one to whom the owner has entrusted the possession of it under some fiduciary relation as agent, clerk, servant, bailee or the like.77 The essential elements to make out a case of embezzlement are, first, the fiduciary relation between the accused and the owner of the property, such as agent, clerk, bailee or the like; second, that he received the property by virtue of his employment, agency or trust; third, that he fraudulently converted the property to his own use with criminal intent.78

The offense of embezzlement is unknown to common law;79 it is an offense defined by statute designed to reach all offenses of fraudulent conversion of property not punishable as larceny under the common law.