Criminal Law

Brief

Nolan v. State

Procedural History:

• Lower court convicted defendant of embezzlement.
• Appealed.
• Remanded.

Facts:

• Defendant was an office manager of the Federal Discount Corporation.
• As payments were received from customers, the payments would be placed in the cash drawer.
• At the end of each day, an accomplice would prepare the daily cash receipts.
• Defendant would then take some of the cash from the drawer and the accomplice would recomputed the adding tape to equal the remaining cash.

Issue:

• Do the actions of the defendant constitute embezzlement?

Holding:

• Remanded.

Reasoning:

• If the goods were taken from the owners possession, the crime in larceny, not embezzlement.
• The cash was already in the register when taken by the defendant.
• Therefore, the cash was already in possession of Federal.
• This is a case of Larceny, not embezzlement.