Conger v. State

HORTON, Chief Judge.

The appellant was charged and convicted of the crime of embezzlement pursuant to § 84.07(3), Fla.Stat., F.S.A. He appeals from the judgment of conviction and sentence.

The pertinent portion of the information reads as follows:

“ * * * that W. C. Conger, Jr. * * * then and there being a subcontractor did with intent to defraud use the proceeds of a payment * * * for some purpose other than to pay for labor or services performed or for materials furnished * *

At the trial of this cause before the court without a jury, the state affirmatively *293proved, as disclosed by the exhibits…