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STATE v. EARNEST

No. 8225SC1172.

306 S.E.2d 560 (1983)

STATE of North Carolina v. Jerry Allen EARNEST.

Court of Appeals of North Carolina.

September 20, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Archie W. Anders, Raleigh, for the State.

Reginald L. Yates, Charlotte, for defendant-appellant.

ARNOLD, Judge.

The defendant first contends that the trial court erred in denying his motion to dismiss made at the close of all the evidence. The defendant argues that there was no showing that he misapplied or converted the funds to his own use.

In order to convict a defendant of embezzlement under G.S. 14-90, the State must prove three distinct elements: (1) that the defendant, being more than sixteen years of...

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