Legal Opinion
State v. Birch
Court of Appeals of Washington
Decided January 10, 1984No. 5843-3-IIIPublishedCited by 22 opinions
1Opinion of the CourtMunson, C.J.
The State appeals the trial court's dismissal of three counts of first degree theft 1 and one count of second degree theft 2 against Ken E. Birch. Based on State v. Eberhart, 106 Wash. 222, 179 P. 853 (1919), the court held as a matter of law a partner could not be charged with embezzling partnership funds because the partner would not be exerting unauthorized control over the property of another. 3 We affirm, believing this issue is better left to the Legislature.
The facts are relatively simple. Richard DeLong and Ken Birch formed Birch-DeLong Construction Company in 1972 as a joint…
2Cases cited9 opinions
- People v. SobiekCalifornia Court of Appeal · 1973
- Woodson v. StateWashington Supreme Court · 1980
- City of Seattle v. RiceWashington Supreme Court · 1980
- State v. TurpinWashington Supreme Court · 1980
- State v. SandersArizona Supreme Court · 1921
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3Cited by22 opinions
- In Re Allcat Claims Service, L.P. and John WeaklyTexas Supreme Court · 2011
- Wagner v. Stratton Oakmont, Inc.Court of Appeals for the Ninth Circuit · 1996
- People v. ZinkeNew York Court of Appeals · 1990
- State v. CoriaWashington Supreme Court · 2002
- State v. WebbCourt of Appeals of Washington · 1992
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