Brooks (D) was a bookkeeper for RMS, a property management service. Sometime in August 1989, it was discovered that $3,000 in rental monies was missing. A private investigator was hired. D acknowledged taking the money and even wrote a confession to that effect. D moved for a directed verdict because the State failed to prove that D was entrusted with the tenants' rent money; that was denied. D was convicted of embezzlement and appealed.

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