The fraudulent appropriation to his own use or benefit of property or money in trusted to him by another, by a clerk, agent, trustee, public officer, or other person acting in a fiduciary character. See 4 Bl. Comm. 230, 231; 3 Kent, Comm. 194; 4 Steph. Comm. 108, 109, 219; Fagnan v. Knox, 40 N. Y. Super. Ct. 49; State v. Sullivan,49 La. Ann. 197, 21 South. OSS. 02 Am. St. Rep. 044; State v. Trolson, 21 Nev. 419, 32Pac. 930; Moore v. U. S., 100 U. S. 208, 10 Sup. Ct. 294, 40 L. Ed. 422; Fulton v.Hammond (C. C.) 11 Fed. 293; People v. Gordon, 133 Cal. 328, 05 Pac. 740, 85 Am.St. Rep. 174. Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted. Pen. Code Cal. i 503; Pen. Code Dak.