Olson v. Independent Order of Foresters

HENRIOD, Justice.

I dissent, respectfully suggesting that the facts as related in plaintiff’s brief themselves make it appear that a prosecutor, a magistrate or a trial judge reasonably could have concluded that probable cause was more than evident. His brief shows that the money involved was corporate funds in defendant’s account prior to and on February 17, the last day of plaintiff’s employment. On February 18, at a time when plaintiff no longer was employed by defendant, he withdrew the funds, which, under Title 31-17-22, U.C.A.1953, were trust funds. He deposited them to his personal…