State v. Woodward
| Decision Date | 07 July 1939 |
| Docket Number | No. 36457.,36457. |
| Citation | 130 S.W.2d 474 |
| Parties | STATE v. WOODWARD. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Butler County; Robert I. Cope, Judge.
Arthur Woodward was convicted of embezzlement, and he appeals.
Affirmed.
Roy McKittrick, Atty. Gen., and Arthur O'Keefe, Asst. Atty. Gen., for the State.
On July 11, 1938, there was filed in the circuit court of Butler County, Missouri, an information charging the appellant with embezzlement. On that day he was duly arraigned and a plea of guilty was entered. The court assessed his punishment at two years in the state penitentiary. On the same day a motion to quash the information and a motion for a new trial were filed, and these motions were taken up by the court and overruled.
The appellant has filed neither a brief nor a bill of exceptions in this court. No bill of exceptions having been filed, our review is limited to the record proper. State v. McKinley, 341 Mo. 1186, 111 S. W.2d 115; State v. Millering, Mo.Sup., 111 S.W.2d 121. The record fails to show that the appellant was accorded a preliminary examination, but this point is waived by the accused because it was not raised before he entered his plea. State v. Pippey, 335 Mo. 121, 71 S.W.2d 719. Moreover, where the record is silent on the point, the law will presume that a preliminary examination was duly held. State v. McKinley, supra.
The information alleges that between the _____ day of July, 1937, and the 4th day of May, 1938, the appellant was the agent and servant of Joe Wiseman; that he was a person not under the age of sixteen years; that as agent and servant of Wiseman, he received and took into his possession and under his care "three Chevrolet Generators of the reasonable value of $12.00, four model A generators of the reasonable value of $23.80, sixteen armatures of the reasonable value of $48.00, twenty-six Automobile Bearings of the reasonable value of $26.00 and various and sundry automobile parts including fuel pumps, brush holders, brushes, terminals, bushings, washers, screws, wires, coils and other articles too numerous to mention and to the Prosecuting Attorney unknown, all of the reasonable value of $98.74, the property of Joe Wiseman"; and that the appellant "then and there feloniously did embezzle, make away with and secrete" the aforesaid goods and merchandise without the assent of Joe Wiseman, and the appellant "feloniously did steal, take and carry away" the above described property "against the peace and dignity of the State."
Section 4079, R.S.Mo.1929, Mo. St.Ann. § 4079,...
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