State v. Siers

The majority opinion states that it “would be a travesty of justice to permit the defendant to go free because he did not complete the existence of the limited partnership.” It is also a travesty of justice for a court in its zeal to make bad law simply because it is faced with a hard case. Apparently the law now is that a person can be charged and convicted of embezzling *66from a partnership which may or may not exist, without a jury determination that the partnership does exist. Such a result defies logic, common sense, and prior law, and I must respectfully dissent.

The defendant in this case…