Miller v. State

Statement of the Case and Facts

Buchanan, N.J.

This is an appeal by defendant-appellant, Wilbur Melvin (Miller), from a conviction of “Theft by Fail ure to Make a Required Disposition of Property Received” pursuant to Ind. Ann. Stat. § 10-3031 (Burns Supp. 1972).

The affidavit charging Miller with theft, in part, reads:

“* * * Wilbur Melvin Miller * * * did then and there unlawfully commit the crime of theft in that he obtained the property of Burger Chef * * * then and there of the value of two thousand four hundred ninety eight dollars and fifteen cents ($2,498.15), upon agreement * * * to make…