State v. Stahl

OPINION

WOOD, Chief Judge.

Defendant was convicted of embezzling over $100. To have embezzled the money, defendant must have been entrusted with the money. Section 30-16-8, N.M.S.A.1978. Defendant contends there is no evidence that he was entrusted with over $100. We agree.

Defendant was a clerk at a store. The store had two cash registers and a drop-box. There was a slit in the counter; money pushed through this slit went into the drop-box. The drop-box was locked with two padlocks, the keys to which were retained by the manager. When money accumulated in the registers, portions of the…