STATE v. SMITHEY

No. 7214SC324.

190 S.E.2d 369 (1972)

15 N.C. App. 427

STATE of North Carolina v. Daniel Thomas SMITHEY.

Court of Appeals of North Carolina.

August 2, 1972.


Attorney(s) appearing for the Case

Atty. Gen., Robert Morgan, by Associate Atty. Gen., Benjamin H. Baxter, Jr., for the State.

Kenneth B. Spaulding, Durham, for defendant appellant.


PARKER, Judge.

Defendant assigns error to denial of his motions for nonsuit. There was ample direct evidence that defendant, as agent of his employer and by the terms and in the course of his employment, received money belonging to his employer and that he failed to account for it. Defendant's contention is that the evidence was insufficient to show any fraudulent intent or that he willfully misapplied the property of his employer for any purpose. We do not agree...

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