State v. Ross

The crime of embezzlement, unknown to the common law, was created and is defined by statute. State v. Thornton, 251 N.C. 658, 111 S.E. 2d 901, and cases cited.

Statutes creating criminal offenses must be strictly construed. 4 Strong, N. C. Index, Statutes § 5, p. 179. This rule has been applied with vigor in the construction of our embezzlement statute. State v. Whitehurst, 212 N.C. 300, 193 S.E. 657; State v. Eurell, 220 N.C. 519, 17 S.E. 2d 669; State v. Blair, 227 N.C. 70, 40 S.E. 2d 460.

In State v. Whitehurst, supra, Stacy, C.J., set forth the history, including the successive amendments,…