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Home / Courts / Criminal Practice – Embezzlement – Corporate Agent or Servant – Constructive Possession (access required)

Criminal Practice – Embezzlement – Corporate Agent or Servant – Constructive Possession (access required)

State v. Smalley The state’s evidence showed that defendant had full access to Manus Contracting, Inc.’s checking accounts, that defendant “could write checks on her own,” and defendant “would delegate the funds” of the company. Thus, the state presented sufficient evidence that defendant had the authority to act on behalf of the company. Witness Chris Manus’ testimony proved that the company had control over defendant’s performance. Thus, the state’s evidence showed that defendant was an agent of the company and not an independent contractor.

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