State v. Smithey

PARKER, Judge.

Defendant assigns error to denial of his motions for non-suit. There was ample direct evidence that defendant, as agent of his employer and by the terms and in the course of his employment, received money belonging to his employer and that he failed to account for it. Defendant’s contention is that the evidence was insufficient to show any fraudulent intent or that he willfully misapplied the property of his employer for any purpose. We do not agree.

“Fraudulent intent which constitutes a necessary element of the crime of embezzlement, within the meaning of the statute, G.S.…