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Ambrose v. United States

45 App. D.C. 112 (1916)

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Ambrose v. United States

District of Columbia Court of Appeals

45 App. D.C. 112 (1916)

Facts

William Ambrose (defendant) was appointed guardian of four minors. Ambrose was charged with embezzling the minors’ property. At trial, the government proved that Ambrose sold notes belonging to the minors and deposited some of the proceeds in an account in his individual name, mingling them with his personal funds. Ambrose then issued checks against the account, resulting in an overdraft. The government elicited testimony that Ambrose had been in financial distress for two years prior to the guardianship appointment. The court refused to permit Ambrose to introduce evidence of payments made to the minors because Ambrose did not show the monies came from the account containing the note proceeds. The court also excluded evidence of the court-approved account that had been settled with a minor who had reached majority because it was filed after the depletion of the bank account. Ambrose was convicted and appealed.

Rule of Law

Issue

Holding and Reasoning (Robb, J.)

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