People v. Fleming

Opinion by

Judge PLANK.

Defendant, Jack Eugene Fleming, appeals the judgment of conviction entered on jury verdicts finding him guilty of theft of more than $10,000 and extortion. He contends that the trial court erred in failing to suppress records subpoenaed from his stockbroker’s account and in refusing his proffered theory of the case instruction. We affirm the extortion conviction and reverse and remand for a new trial on the theft charge.

The charges arose out of defendant’s use of money obtained from investors to finance a gold mining corporation promoted by him. Some of the money was…