Butler v. State

Sognier, Judge.

Appellant was convicted of theft by conversion. On appeal he contends the trial court erred (1) by denying his motion for a directed verdict of acquittal; (2) by giving erroneous and prejudicial instructions to the jury; and (3) by denying his motion for a mistrial after the prosecuting attorney commented improperly on appellant’s failure to testify.

Appellant was retained in August 1980 by William Maxwell, vice president and general manager of Albany Welding and Machine Works to collect some accounts receivable on a contingent fee basis. After Maxwell attempted unsuccessfully…