State v. Fink

OPINION

The defendant, Kenneth E. Fink, is charged with four counts of felony theft. Trial was held in July 2002. After all evidence was presented, the defendant moved for judgment of acquittal. Decision on the motion was reserved and the case was submitted to the jury. The jury was discharged after it was unable to agree on a verdict. This is the Court’s decision on the motion for judgment of acquittal.

The defendant is accused of taking funds from an estate of which he was executor and trustee. Count 1 reads as follows:

THEFT in violation of Title 11, Section 841 of the Delaware Code of 1974,…