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STATE v. SPECKMAN

No. 8826SC394.

374 S.E.2d 419 (1988)

92 N.C. App. 265

STATE of North Carolina v. Peter Joseph SPECKMAN, Jr.

Court of Appeals of North Carolina.

December 20, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. David F. Hoke, Raleigh, for the State.

Office of the Appellate Defender by Asst. Appellate Defender Mark D. Montgomery, Raleigh, for defendant-appellant.

WELLS, Judge.

Defendant assigns error to the trial court's denial of his motion to require the State to elect between the charges of embezzlement and obtaining property by false pretense.

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 age, acted as an agent or fiduciary for his principal, (2) that he received money or valuable property...

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