(DOWNLOAD) "State v. Kulig" by The Supreme Court of the State of Ohio ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Kulig
- Author : The Supreme Court of the State of Ohio
- Release Date : January 27, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
PAUL W. BROWN, J. Appellant was tried and convicted of embezzling the property of an estate of which he was the executor. Although it is not ordinarily the function of this court to weigh evidence developed at trial, it may do so in order to determine whether that evidence is of sufficient probative force to support a finding of guilt beyond a reasonable doubt, which is required for conviction in a criminal case. State v. Murphy (1964), 176 Ohio St. 385; State v. Petro (1947), 148 Ohio St. 473; Atkins v. State (1926), 115 Ohio St. 542. An examination of the record in this case discloses a serious lack of evidence, direct or circumstantial, regarding the issue of appellant's intent to convert estate property to his own use. Intent is an essential element of the crime of embezzlement (see, generally, 26 American Jurisprudence 2d, 570, Embezzlement, Section 19), and this evidentiary flaw compels us to reverse the judgment of conviction.
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