State v. McConnell

Spencer, J. .

Defendant, Sanford W. McConnell, who is a building contractor, appeals his conviction under section 52-123, R. R. S. 1943, for failure to apply money re ceived in payment of lawful claims of laborers or materialmen. Defendant assigns as error the unconstitutionality of the statute, and that he was found guilty without proof of fraud. We reverse.

In a proposal dated May 29, 1974, Urban Builders, Inc., agreed to furnish labor and materials to construct a kitchen addition to a house owned by Dominic Romeo for a total price of $9,150. Payment terms were “10% upon acceptance of…