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STATE v. JOHNSON

No. 5PA93.

438 S.E.2d 722 (1994)

STATE of North Carolina v. Jefferson D. JOHNSON, III.

Supreme Court of North Carolina.

January 28, 1994.

Attorney(s) appearing for the Case

Michael F. Easley, Atty. Gen. by Charles M. Hensey, Sp. Deputy Atty. Gen., Raleigh, for State appellant.

Tharrington, Smith & Hargrove by Roger W. Smith and Douglas E. Kingsbery, Raleigh, for defendant-appellee.

WEBB, Justice.

The defendant argues, and the Court of Appeals agreed, that there was not sufficient evidence to convict the defendant of embezzlement because the evidence did not show the defendant came into possession of the draft lawfully. This is an element which must be proved in order to convict a person of embezzlement. State v. Speckman, 326 N.C. 576, 391 S...

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