State v. Jesser

McQUADE, Chief Justice.

These consolidated appeals raise issues as to the evidence and distinctions among larceny, embezzlement and obtaining property under false pretenses. Our disposition of the issues today supersedes but retains the substance of a previous, unreported decision of this Court. Points emphasized by the parties on rehearing are elaborated.

I

At trial the State established that in April, 1969, the appellant Jesser offered by telephone to purchase barley from the complaining witness, Norman K. Sowards. Sowards accepted upon oral stipulation that Jesser would weigh his truck empty…