State v. Scofield

I dissent. I cannot agree with the view of the majority opinion.

This appeal presents for our review the defendant’s conviction of embezzlement, charged in the information as follows:

“That on or about the 4th day of August, 1966, and in Pima County, Arizona, and before the filing of this Information, the said JAMES I. SCOFIELD committed theft by embezzling from ECONOCAR INTERNATIONAL, INC. OF TUCSON, one 1966 Plymouth, Arizona License No. JMN-145, serial No. RH 41B61291071, all in violation of A.R.S. § 13-682(4) as amended, and § 13-688.”

The constitutional validity of A.R.S. § 13-682(4) was…