State v. Gordon

I dissent from the view of the majority which holds that the state may charge a man with the embezzlement of $21 on the-day of October, 1935, and that upon failure to prove the conversion of a felonious- amount on that or any other single day, the state will be permitted to aggregate various smaller amounts converted on previous separate and distinct occasions in order to raise the amount to a sum sufficient to constitute a felony. That is the clear import of this decision. In this opinion I am not discussing the question of what might possibly be done under the procedure of other states,…