Smith v. State

OPINION

COATS, Judge.

Cummings Smith, Sr., was charged in a two-count indictment with embezzlement of public money, former AS 11.20.300, and with embezzlement by employee, former AS 11.20.280. Following a thirty-three day trial, a jury found Smith guilty of embezzle*8ment of public money.1 He was sentenced to five years with four-and-one-half years suspended and was ordered to pay the Municipality of Anchorage $20,000 as restitution. In this appeal, Smith argues that the court improperly instructed the jury on the elements of embezzlement. Since no objection to the instructions was made at trial,…