demand in embezzlement

A demand as a prerequisite to a prosecution for embezzlement must be an actual demand. In civil actions constructive demands may be and are recognized, but not so in the criminal prosecution of a defendant for an offense having as one of its statutory ingredients a refusal to pay on demand. Shoener v Pennsylvania, 207 US 188, 191, 52 L Ed 163, 165, 28 S Ct 110.

Ballentine's law dictionary. . 1998.

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