State v. Speckman

WELLS, Judge.

Defendant assigns error to the trial court’s denial of his motion to require the State to elect between the charges of embezzlement and obtaining property by false pretense.

In order to convict a defendant of embezzlement under G.S. § 14-90, the State must prove three distinct elements: (1) that the defendant, being more than sixteen years of age, acted as an agent or fiduciary for his principal, (2) that he received money or valuable property of his principal in the course of his employment and by virtue of his fiduciary relationship, and (3) that he fraudulently or knowingly and…