Glasheen v. State

It is the contention of the defendant that the court erred in instructing the jury and that the instructions given were prejudicial and erroneous. Perhaps the argument can be best epitomized by a statemertt taken from the brief of defendant’s counsel:

“The evidence shows that one of the elements of the statutory offense of embezzlement is lacking, or, to say the least, is in dispute, namely, the fraudulent intent to make an .absolute appropriation as contradistinguished from a use without any design to defraud the owner or deprive him of his property.”

*271It is contended that the failure of the…