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STATE v. KENNEDY

No. COA97-853.

503 S.E.2d 133 (1998)

STATE of North Carolina v. Francis M. KENNEDY.

Court of Appeals of North Carolina.

August 4, 1998.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Associate Attorney General Anne M. Middleton, for the State.

Tharrington Smith, L.L.P. by Roger W. Smith, E. Hardy Lewis, and F. Hill Allen, Raleigh, for defendant-appellant.

HORTON, Judge.

In 1990, defendant Francis M. Kennedy was president and treasurer of Old Colony Group, Inc. ("Old Colony"), a Massachusetts corporation, which was in the business of arranging equipment financing. During that year, Carolina Freight Corporation ("Carolina Freight") entered into a lease with Old Colony for the use of a mainframe computer. Pursuant to the lease, Carolina Freight forwarded the sum of $176,064.98 each month to

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