State v. Stahl
New Mexico Court of Appeals
596 P.2d 275 (1979)
Relevant factsFree
Stahl (defendant), a store clerk, worked an overnight shift and was absent from the store around 3:00 a.m. when the store's locked drop-box — to which only the manager held keys — was pried open and money was stolen along with cash from a register, totaling about $612. Stahl was convicted of embezzling over $100, with the trial court reasoning he had been entrusted with the whole store, and he appealed, arguing he was never entrusted with the drop-box itself.
IssueFree
Whether fraudulent conversion of an employer's property by a person entrusted with that property by reason of employment constitutes embezzlement, when the defendant was not actually entrusted with the specific property taken.