State v. Ager

— The court granted review in this case to *87resolve an apparent conflict between decisions from two divisions of the court of appeals, State v. Moreau, 35 Wn. App. 688, 669 P.2d 483 (1983), review denied, 102 Wn.2d 1019 (1984), and State v. Ager, 75 Wn. App. 843, 880 P.2d 1017 (1994). Those decisions arguably set forth different standards to be applied by trial courts when determining whether sufficient evidence exists in an embezzlement case to support a jury instruction on the good faith claim of title defense set forth in RCW 9A.56.020(2).

We reverse the court of appeals and hold that in…