SPENCER, Justice.
Defendant, Sanford W. McConnell, who is a building contractor, appeals his conviction under section 52-123, R.R.S.1943, for failure to apply money received in payment of lawful claims of laborers or materialmen. Defendant assigns as error the unconstitutionality of the statute, and that he was found guilty without proof of fraud. We reverse.
In a proposal dated May 29, 1974, Urban Builders, Inc., agreed to furnish labor and materials to construct...
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