Kernrechtsfrage
Whether the court had to expressly acquit the accused of fraud after convicting him of embezzlement on the same facts.
Extrahierter Entscheid
No. When one factual complex is submitted under several possible legal qualifications, a conviction on one ground does not require a separate formal acquittal on the others.
Extrahierte Begründung
The committal decision already listed fraud, embezzlement, and breach of trust as alternative qualifications, thereby allowing the accused to address each possible legal characterization. Since only the legal qualification of the same facts was disputed, a formal acquittal on fraud was unnecessary.