STATE v. PATE

No. 7815SC1084.

253 S.E.2d 266 (1979)

40 N.C. App. 580

STATE of North Carolina v. John T. PATE.

Court of Appeals of North Carolina.

April 3, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. R. W. Newsom, III, Raleigh, for the State.

L. T. Dark, Jr., Siler City, for defendant-appellant.


HEDRICK, Judge.

Defendant first contends the trial court erred in denying his motion to dismiss made at the close of plaintiff's evidence and renewed at the close of all the evidence. Defendant argues that there was insufficient evidence of a fraudulent intent to embezzle and insufficient evidence that the defendant converted the funds of his employer.

In order to convict a defendant of embezzlement under G.S. § 14-90, the State must prove three distinct...

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