California, United States of America
The following excerpt is from People v. Moore, 59 Cal.App.4th 168, 69 Cal.Rptr.2d 56 (Cal. App. 1997):
In our view, the trial court's so instructing jurors did not remove an element of the offense from the jury's consideration. It is true that sections 424, subdivision 1 and 425 "were intended to punish those charged with the receipt and transfer of monies belonging to the state or a subdivision thereof and who misappropriate such moneys when there is a nexus between the moneys they are charged with and the moneys misappropriated." (People v. Wall (1980) 114 Cal.App.3d 15, 22, 170 Cal.Rptr. 522.) Thus, for appellant to be guilty of count 1, Stowe had
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