State v. Dudman

Citations

• 119 Wash. 522
• 205 P. 848
• 1922 Wash. LEXIS 799

Syllabus

<p>Embezzlement (14) — Evidence—Admissibility. In a prosecution for the embezzlement of a certificate for one thousand shares of stock, intrusted by A. to the defendant as agent for sale, in which defendant admitted the sale of one thousand shares to W. claiming it was not A.’s stock but part of his own, entries in the corporate stock books are admissible showing the cancellation of A.’s certificate at the time in question, and the reissue, in lieu thereof, of a certificate to W. for one thousand shares; in view of Rem. Comp. Stat., §§ 3693, 3827 requiring a corporate record of all certificates showing date, number and to whom issued and transferred, and Id., § 3829, making it a misdemeanor to make any false entry in such record.</p> <p>Same (3)- — Elements of Offense — By Asents. Where an agent was intrusted with a certificate of stock for sale in July, and on the following January sold it and refused to account for the proceeds, he is guilty of larceny, under subdiv. 3, of Rem. Code, § 2601, making it larceny for an agent or bailee, intrusted with the possession of property, to appropriate the same to his own use.</p> <p>Criminal Law (347) — New Trial — Prejudice of Juror. It is not an abuse of discretion to refuse a new trial on account of the prejudice of one juror, where the motion was supported by hearsay affidavit for appellant’s attorney and denied by the hearsay affidavit of the prosecuting attorney.</p>