In what circumstances will the court accept an offer of restitution as evidence in an embezzlement case?

California, United States of America


The following excerpt is from People v. Mitich, D070882 (Cal. App. 2017):

In People v. Dubrin, supra, 232 Cal.App.3d 674, the court, in dictum, stated in an embezzlement case: "[I]t is undoubtedly true that evidence of an offer of restitution is relevant to the question as to whether the [defendant] had a fraudulent intent when he appropriated the funds to his own use[.]" (Id. at p. 679.) Because that case involved the fraudulent intent required for embezzlement and that language was dictum, it is inapposite and, in any event, we nevertheless are not persuaded that the reasoning of its dictum should apply to the circumstances in this case.

Other Questions


In determining the sufficiency of evidence in a civil case, how have courts considered the evidence in the context of sexual assault cases? (California, United States of America)
When reviewing a motion to suppress evidence, does the court have to accept the findings of the trial court? (California, United States of America)
How have courts treated evidence in the context of evidence in a personal injury case? (California, United States of America)
In what circumstances have courts reversed a judgment entered in a criminal case following a court trial? (California, United States of America)
In what circumstances will the Court consider whether there is sufficient evidence to support a motion to dismiss an application for relief from the Court of Appeal? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
What is the effect of a court's decision to remove the exclusion of evidence from evidence in a civil case? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.