Legal Opinion

State v. Buzzelli

Court of Appeals of North Carolina

Decided April 28, 1971No. 7126SC172PublishedCited by 6 opinions

1Opinion of the Court

PARKER, Judge.

Appellant first assigns as error the denial of her motions for nonsuit. To convict a defendant of embezzlement in violation of G.S. 14-90, our Supreme Court has declared that “four distinct propositions of fact must be established: (1) that the defendant was the agent of the prosecutor, and (2) by the terms of his employment had received property of his principal; (3) that he received it in the course of his employment; and (4) knowing it was not his own, converted it to his own use.” State v. Block, 245 N.C. 661, 97 S.E. 2d 243; State v. Blackley, 138 N.C. 620, 50 S.E. 310.

When…

2Cases cited2 opinions

  1. State v. Blackley.Supreme Court of North Carolina · 1905
  2. State v. BlockSupreme Court of North Carolina · 1957

3Cited by6 opinions

  1. State v. MelvinCourt of Appeals of North Carolina · 1987
  2. State v. EllisCourt of Appeals of North Carolina · 1977
  3. State v. PateCourt of Appeals of North Carolina · 1979
  4. State v. SuttonCourt of Appeals of North Carolina · 1981
  5. State v. HittCourt of Appeals of North Carolina · 1975

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