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STATE v. BIRCH

No. 5843-3-III.

36 Wn. App. 405 (1984)

675 P.2d 246

THE STATE OF WASHINGTON, Appellant, v. KEN E. BIRCH, Respondent.

The Court of Appeals of Washington, Division Three.

January 10, 1984.

Attorney(s) appearing for the Case

Jeffrey C. Sullivan, Prosecuting Attorney, and Howard W. Hansen, Deputy, for appellant.

J. Adams Moore, Jr., and Dobbs, Moore & Kirkevold, for respondent.

MUNSON, C.J.

The State appeals the trial court's dismissal of three counts of first degree theft1 and one count of second degree theft2 against Ken E. Birch. Based on State v. Eberhart, 106 Wn. 222, 179 P. 853 (1919), the court held as a matter of law a partner could not be charged with embezzling partnership funds because the partner would not be exerting unauthorized control over the property of another...

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