Miller v. State

GARRARD, Presiding Judge.

Keith Miller was tried by jury and was convicted of 28 counts of theft. His appeal challenges the sufficiency of the evidence to establish necessary criminal intent.

In essence the evidence established that Miller procured money from twenty-eight different people or business entities, each of which represented one count in the information.

His argument is two-pronged. He first contends that under the language of the information there was no evidence that he took the money "without consent." Secondly, he argues that the evidence established no more than his failure to…