Eubanks v. State

Deen, Presiding Judge.

Eubanks was indicted for "Theft by Deception” in that "having lawfully obtained $4,660 Under an agreement with James and Juanita Alexander, did knowingly convert said funds to his own use in violation of said agreement, the agreement being to use said money for construction of an addition on the house of Mr. and Mrs. Alexander.” The defendant filed a timely written demurrer on the ground that the facts set out did not constitute the crime of theft by deception (Code § 26-1803). It is true that they might, however, constitute the crime of theft by conversion under Code §…