Can a public official be charged with misappropriation under section 424 of the Penal Code?

California, United States of America


The following excerpt is from Saltares v. Kristovich, 6 Cal.App.3d 504, 85 Cal.Rptr. 866 (Cal. App. 1970):

People v. Crosby (1956) 141 Cal.App.2d 172, 175, 296 P.2d 438, held that funds held by a person in his capacity as public administrator constitute public moneys, because he remains 'primarily a public officer performing essentially a governmental function' even in the administration of a particular[6 Cal.App.3d 515] estate and that he therefore could be indicted for misappropriation of public moneys under section 424 of the Penal Code. 8

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