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CONGER v. STATE

No. 60-409.

130 So.2d 292 (1961)

W.C. CONGER, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

May 22, 1961.

Attorney(s) appearing for the Case

Wasman & Kehoe, Miami, for appellant.

Richard W. Ervin, Atty. Gen., and Herbert P. Benn, Asst. Atty. Gen., for appellee.

HORTON, Chief Judge.

The appellant was charged and convicted of the crime of embezzlement pursuant to § 84.07(3), Fla. Stat., F.S.A. He appeals from the judgment of conviction and sentence.

The pertinent portion of the information reads as follows:

"* * * that W.C. Conger, Jr. * * * then and there being a subcontractor did with intent to defraud use the proceeds of a payment * * * for some purpose other than to pay for labor or services performed...

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