State v. Vanderlinden

OPINION

JACOBSON, Chief Judge of Division One.

This appeal raises the issue of the failure of the trial court in a theft by embezzlement prosecution, where the value of the property embezzled is in dispute, to instruct on the difference between grand theft by embezzlement and petty theft by embezzlement.

On October 14, 1971, the grand jury of Maricopa County, Arizona, returned an indictment against the. defendant, Darwin Loy Vanderlinden, charging him with having “committed theft by embezzling from Stacey Construction Co., [Inc.] [money] of the value of more than $100 all in violation of A.R.S.…