State v. Glaze

Criminal law : instructions: conflicting- instructions : embezzlement : elements. I. The court charged in Instruction 14 that, to entitle the State to a conviction, it must, among other things, prove beyond a reasonable doubt that defendant committed actual conversion and embezzlement of moneys, checks or drafts of the railroad company as charged in the indictment. But it adds:

‘ ‘ Or, if the State has failed in this, then, in order to justify a conviction, the State must prove beyond a reasonable doubt the shortage in the defendant’s accounts, and that the C. B. & Q. Railroad Company made…