The Case of the Ice-Cold Hands

Supposed You had Embezzeld Some Money -
and bet it on the nose on a long shot, at fifty to one. And the horse came in first. With your winnings you could easily replace the money you had embezzled and still have a big profit. But when you went to cash in your winning tickets, your employer was there with a cop to arrest you for embezzlement - and to take over your winnings. According to him, the money had always been his and the fact that you had made a lucky bet and intended to replace the money you had "borrowed" wouldn't stop you from going to jail or him from collecting the profits. Would that be cause for murder?