Constitutional rights. The defendant read the form, stated that he understood its significance, and signed a waiver of those rights. He then admitted readdressing the package as related above.
Subsequently, the defendant was tried before this Court sitting without a jury, and found guilty of embezzlement.
The defendant contends now that the act of embezzlement was not completed by merely removing the name of the addressee from a parcel and substituting the name of another addressee. Since the parcel never left the Post Office, it is contended that a requisite element of conversion was not accomplished.
We agree that conversion must be effected in order to complete the crime of embezzlement.
But this element was present once the true owner was effectively deprived of any semblance of ownership.
In Morissette v. United States, 342 U.S. 246, 271, 72 S. Ct. 240, 254, 96 L. Ed. 288 (1951), the scope of conversion was defined as follows:
Conversion, however, may be consummated without any intent to keep and without any wrongful taking, where the initial possession by the converter was entirely lawful. Conversion may include misuse or abuse of property. It may reach use in an unauthorized manner or to an unauthorized extent of property placed in one's custody for limited use.