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State v. Stahl | 93 N.M. 62, 562 P.2d 275 (1979)
If an employee steals an employer’s property, has the employee necessarily committed embezzlement? The New Mexico Court of Appeals considered this question in State versus Stahl.
Brian Stahl worked as a store clerk. The store had two cash registers and a drop box. As cash accumulated in the registers, Stahl and the store’s other clerks periodically deposited it into the drop-box by pushing it through a slit in the counter. The drop box was locked with two padlocks, and only the store’s manager had the keys.
One night, Stahl was scheduled to work from midnight until eight a. m. When Stahl started his shift, there was money in the drop-box from earlier in the day. Only one register was in use, and it contained between fifty and seventy-five dollars. Partway through his shift, Stahl pried open the drop-box, took its contents along with the contents of the register, and left the store. In total, Stahl stole six hundred and twelve dollars from the store. However, the money taken from the register, combined with the money from sales during Stahl’s shift, added up to less than one hundred dollars.
Stahl was charged with embezzling over one hundred dollars on the theory that he was entrusted with all the money in the store during his shift, including the money in the drop-box. At trial, Stahl moved for a directed verdict, arguing that the money in the drop-box wasn’t entrusted to him and therefore didn’t count toward his embezzlement charge. The trial court denied Stahl’s motion, and he was convicted. Stahl appealed to the New Mexico Court of Appeals.
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