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This section contains the nature of the case and procedural background.

Stahl (D) was a night clerk in a store. When he came on duty at 11:00 p.m. the cash register contained $50-$75. There was a drop box at the store for placing excess cash. D pried open the drop box and took $612 from the box and register combined. D was charged with embezzling over $100. D moved for a directed verdict: he could not be guilty of embezzlement of over $100 because he was only entrusted with the $50-$75 in the cash register. D's motion was denied. D appealed.

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