see Gonzalez [v. Justices of the Mun. Ct.] 420 F.3d [5,] 8-9 [ (1st Cir. 2005) ]. A resolution in the defendant’s favor of a necessary factual element of the offense is a definitive determination that the defendant cannot be convicted. [¶ 14] In Blunt, 2008 ND 135, ¶ 7, 751 N.W.2d 692, we identified the elements of the offense of misapplication of entrusted property under N.D.C.C. § 12.1-23-07(1): (1) the disposal, use, or transfer; (2) of any interest in property; (3) which has been entrusted to the defendant; (4) as a fiduciary or in his capacity as a public servant; (5) in a manner he knows is not authorized; (6) and that he knows to involve a risk of loss or detriment to; (7) the owner of the property or the government. See also State v. Barendt, 2007 ND 164, ¶ 10, 740 N.W.2d 87 (<HOLDING>). [¶ 15] On Count I, the State provided
recognizing and listing the seven elements of misapplication of entrusted property under ndcc  1212307 recognizing that exempt property ceases to be property of the estate holding that it was up to the jury to decide whether the broker and seller understood the property to be sold where the listing agreement erroneously indicated a property description was attached but the seller testified the broker knew what property was to be sold recognizing the existence of purely jurisdictional elements holding elements of rescission are 1