Section 123: Verdict of larceny on charge of embezzlement

123. Verdict of larceny on charge of embezzlement (1) (a) Where, on the trial of a person who is charged in an information for embezzlement as a clerk, servant or person employed for the purpose or in the capacity of a clerk or servant, it is proved that he took the property in question in a manner which amounts in law to larceny, he shall not for that reason be entitled to be acquitted, but the jury may return as its verdict that he is not guilty of embezzlement but is guilty of simple larceny, or of larceny as a clerk, servant or person employed for the purpose or in the capacity of a clerk or servant, as the case may be, and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an information for the larceny. (b) Where on the trial of a person who is charged in an information for larceny, it is proved that he took the property in question in a manner which amounts in law to embezzlement, he shall not for that reason be entitled to be acquitted, but the jury may return as its verdict that he is not guilty of larceny, but is guilty of embezzlement, and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an information for such embezzlement. (c) No person who is tried for embezzlement or larceny shall be liable to be afterwards prosecuted for larceny or embezzlement upon the same facts. (2) Subsection (1) shall, with such adaptations and modifications as the context may require, apply to a person charged under section 40 of the Criminal Code with receiving or being found in possession of articles obtained by means of a larceny or embezzlement as they apply to a person charged with larceny or embezzlement. C59 – 25 [Issue 1] Criminal Procedure Act