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State v. Moon

Supreme Judicial Court of Maine
755 A.2d 527 (2000)


Facts

While John Moon (defendant) was an M.B.A. student at the University of Maine at Orono, he became a resident advisor at the Sigma Chi Fraternity house. After the local Sigma Chi chapter closed, Moon was recruited to work on reviving the chapter, and he became director of the fund-raising campaign, project manager of a renovation project, and a resident advisor. Moon was also the treasurer of the Rho Rho Chapter of Sigma Chi (the Organization). Between 1991 and 1994, Moon transferred approximately $120,000 of the Organization’s funds to himself and Marsh Island Development Company, a company where Moon was a substantial shareholder. Moon used the funds to renovate his townhouse, with the goal of eventually securing residential financing. However, Moon was unable to secure the financing. Moon repaid approximately $100,000 before filing for personal bankruptcy. Between the bankruptcy filing and his indictment, Moon did not make any further repayments. As treasurer, Moon kept a detailed and separate record of the outgoing and incoming transactions in the Organization’s books. Moon was convicted for theft under 17-A Maine Rev. Stat. Ann. § 353. Moon appealed his conviction on the grounds that the trial court erred by (1) limiting expert testimony and (2) providing an inadequate jury instruction on the necessary intent to deprive.

Rule of Law

Issue

Holding and Reasoning (Wathen, C.J.)

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