Skimming Was Stealing

Elements of stealing without consent include property of another. Record supported a finding that money in account of entity owned by appellant was property of appellant’s employer. Employer bought goods at inflated price from seller, who (unknown to employer) returned part of price to entity controlled (unknown to seller) by appellant. Appellant was thus receiving part of purchase price paid by employer in which employer had a proprietary interest. Those facts support an instruction on stealing without consent and finding for the State on that element.

State of Missouri, Respondent, vs. Jason Paul Mitchell, Appellant.
Missouri Court of Appeals, Eastern District- ED98752

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