Legal Opinion
People v. Butcher
California Court of Appeal
Decided September 22, 1986No. Crim. 13223PublishedCited by 21 opinions
1Opinion of the Court
Opinion
BLEASE, Acting P. J.
Defendant was convicted after a court trial of one felony count of violation of Penal Code section 484b, the diversion of construction funds. On appeal he presents two important questions of interpretation of the statute. The first is whether use of construction funds in good faith to defray project expenses other than those listed in an application for a progress payment is a diversion. We answer “no.” The second is whether a diversion must cause failure to complete construction or failure to pay for services, labor materials, or equipment used in the construction…
2Cases cited15 opinions
- Stromberg v. CaliforniaSupreme Court of the United States · 1931
- People v. GreenCalifornia Supreme Court · 1980
- Parsons v. Bristol Development Co.California Supreme Court · 1965
- Street v. New YorkSupreme Court of the United States · 1969
- People v. MegladderyCalifornia Court of Appeal · 1940
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3Cited by21 opinions
- People v. Jerry R.California Court of Appeal · 1994
- Kobzoff v. Los Angeles County Harbor/UCLA Medical CenterCalifornia Supreme Court · 1998
- People v. WootenCalifornia Court of Appeal · 1996
- Wen Chang v. Redding Bank of CommerceCalifornia Court of Appeal · 1994
- Tract Development Services, Inc. v. KeplerCalifornia Court of Appeal · 1988
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