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State v. Kaufman

North Dakota Supreme Court
 310 N.W.2d 709 (1981)


Facts

The Jamestown West End Hide and Fur Company (the Company), a junk dealership, purchased several large rolls of scrap copper wire from a power company. The wire was stored in the Company’s open yard. A Company employee noticed that several of the wire rolls were missing. Thereafter, the Company learned that Frank Kaufman (defendant) had sold a similar roll of copper wire to another area junk dealership, Porter Brothers. Kaufman was indicted for theft of “lost or mislaid” property. At trial, a Porter Brothers employee testified that Kaufman was the individual that sold the dealer the roll of copper wire. A deputy sheriff testified that Kaufman admitting to finding the wire. The trial judge found Kaufman guilty of theft of property “lost, mislaid, or delivered by mistake” in violation of North Dakota law. Kaufman appealed.

Rule of Law

Issue

Holding and Reasoning (Paulson, J.)

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