State v. Compton

The majority opinion affirms the conviction of the crime of embezzlement despite the fact that the State failed to prove all of the essential elements of that crime. The information charged appellant with the crime of embezzling cash. It was therefore necessary that the State prove beyond a reasonable doubt that appellant had some fiduciary obligation with respect to the cash received from the sale of gasoline.1 If such a fiduciary obligation exist*743ed at all, it must be found from the facts constituting the relationship between the Trimble Oil Company and appellant.

The State asserted, and the…