State v. Gillespie

Thomas J. Gillespie appeals the judgment and sentence for a jury conviction of first degree theft, alleging that the trial court erred in submitting to the jury the alternative theory of theft by embezzlement. We reverse and remand for a new trial.

In October 1977, Gillespie and Thomas B. Wheeler formed a corporation named Seattle Yacht Sales, Inc., which sold new boats and acted as a broker in the sale of used boats. In fall 1979 the company was in financial straits. At that time and later in January 1980, Gillespie and Wheeler applied for an $83,000 loan from Rainier National Bank (Rainier).…