Abstract
Can real property be embezzled? If the reader will try this question on lawyer or layman, he will receive conflicting responses. To the lawyer, the question seems one for decision under the wording of the embezzlement statute of each state, and nothing more. To the layman, the social and economic results atte-ndant upon one or the other answer seem of chief significance. I, as a lawyer address myself to the legal aspect; but I do this in full recognition that, if a judicial decision entails immoral, anti-social, or uneconomic consequences, it is high time for lawyers to re-canvass the processes whereby that decision was reached, to discern whether after all the legal auspices themselves have really been read aright. Can real property be embezzled? In the case of People v. Roland,' the Second District Court of Appeals in California answers yes. In Manning v. State,2 the Supreme Court of Georgia answers no. From the layman's point of view, this divergence transcends understanding. To him, the lawyer's acceptance of legal verbiage as a sufficient explanation of the conflict is an irritating example of that verbal consistency, which Emerson said is never the concern of great minds. But, what difference does it make whether real property can be embezzled or not?
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