State v. Palmer

AVYNN, Judge.

To be guilty of embezzlement, a defendant “must have been entrusted with and received into his possession lawfully the personal property of another[.]” State v. Weaver, 359 N.C. 246, 255, 607 S.E.2d 599, 604 (2005) (citation omitted) (emphasis in original). Defendant contends that the State’s evidence established the crime of larceny (for which she was not charged), not embezzlement, because the evidence failed to show that she had acquired lawful possession of her employer’s property. Since the record shows Defendant neither took lawful possession of her employer’s property nor…