Washington v. Birch

The State appeals the trial courts dismissal of three counts of first degree theft and one count of second degree theft against Ken E. Birch. Based on State v. Eberhart, 106 Wash. 222, 179 P. 853 (1919), the court held as a matter of law a partner could not be charged with embezzling partnership funds because the partner would not be exerting unauthorized control over the property of another. We affirm, believing this issue is better left to the Legislature.