Commonwealth v. Schmukler

Between November 4, 1976, and August 6, 1982, having been duly appointed by a Probate Court, the defendant served as conservator for an incompetent elderly person. Alleged irregularities in the way the defendant handled the ward’s financial affairs resulted in an indictment charging that the defendant, in violation of G. L. c. 266, § 57, “did embezzle or fraudulently convert or appropriate money held or possessed by him for the use or benefit, either wholly or partially, of [the ward] to or for his own use or benefit. .. . ” The defendant concedes that the evidence presented to the jury at…