People v. Sobiek
Court of Appeal, First District, Division 4, California
106 Cal.Rptr. 519 (Cal. App. 1973)
Relevant factsFree
Sobiek (defendant) was indicted on four counts of grand theft for embezzling funds from the Empire Investment Club, an investment partnership he belonged to. The superior court quashed the indictments on the theory that a partner cannot embezzle from his own partnership, and the People appealed.
IssueFree
Whether a partner may be found guilty of embezzling property belonging to the partnership of which he is a member.