State v. Woodward
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court . — Ron. Walter B. Douglas, Judge. The transaction, according to the weight of the evidence, was a loan. If, however, it was an agency to invest the fund, any investment, however unwise, would disprove an embezzlement, if made in good faith. In this connection the youthfulness and inexperience of defendant, and the consequent overconfidence in himself and in others, are to be taken into consideration.
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Appeal from St. Louis City Circuit Court . — Ron. Walter B. Douglas, Judge. The transaction, according to the weight of the evidence, was a loan. If, however, it was an agency to invest the fund, any investment, however unwise, would disprove an embezzlement, if made in good faith. In this connection the youthfulness and inexperience of defendant, and the consequent overconfidence in himself and in others, are to be taken into consideration. (1) Defendant should have excepted to the action of the court in giving instructions at the time that the court ruled on them. This he did not do ; and…
1Opinion of the CourtFox, J.
At the February term, 1901, of the circuit court of the city of St. Louis, the defendant, E. A. D. Woodward, was indicted, charged with embezzlement. The indictment is predicated upon section 1912, Revised Statutes 1899. As there is no attack upon the indictment, suffice it to say, that we have examined it, and find it in due form, complying' strictly with approved precedents.
Defendant was tried at the April and October terms of this court, both of which resulted in a disagreement of the jury. At the April term, 1902, defendant was again put upon his trial, which resulted in his conviction as…
2Cases cited7 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. AlbrightSupreme Court of Missouri · 1898
- State v. ReedSupreme Court of Missouri · 1886
- State v. BrownSupreme Court of Missouri · 1894
- State v. JacksonSupreme Court of Missouri · 1895
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3Cited by4 opinions
- State v. JacksonSupreme Court of Missouri · 1935
- State v. McWilliamsSupreme Court of Missouri · 1916
- Smith v. StateCourt of Criminal Appeals of Oklahoma · 1944
- Corum v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908