N.C.P.I.—Crim. 216.60

NOTE WELL: For offenses occurring on or after

December 1, 1997, if the value of the property

appropriated is $100,000 or more, use N.C.P.I.

216.60A.

The defendant has been accused of larceny by an employee. Now I

charge that for you to find the defendant guilty of larceny by an

employee, the State must prove five things beyond a reasonable doubt:

First, that the defendant was an employee of (name employer).

Second, that (name employer) entrusted the defendant with

(describe property) for the purpose of (describe purpose).

Third, that instead of (describe purpose of entrustment, e.g.,

"delivering the property"), the defendant appropriated the (describe

property) to his own (or another's) use.

Fourth, that the defendant intended to steal, that is deprive (name

employer) of the (describe property) permanently.2

And Fifth, that the defendant knew that he was not entitled to

appropriate the property to his own (or another's) use.

So I charge that if you find from the evidence beyond a reasonable

doubt that on or about the alleged date, the defendant was an employee

of (name employer) and that in this capacity he received (describe

property) from (name employer) for (describe purpose) and that instead

he (describe misappropriation), intending to deprive his employer of its

use permanently, knowing that he was not entitled to do this, it would be

your duty to return a verdict of guilty of larceny by an employee.

However, if you do not so find or have a reasonable doubt as to one or

more of these things, it would be your duty to return a verdict of not

guilty.