State v. McGuire

Under the information the defendant was charged with grand larceny as defined infection 11368, Revised Codes. The information charges him with having money belonging to the state in his possession and custody and unlawfully appropriating the same to his own use, with the intent to deprive the state of its property. The record is barren of any testimony that the defendant appropriated the money in question to his own use with the intent to deprive the state of its property.

If we assume that the state made a prima facie case by showing the shortage, the verdict cannot stand because the shortage…