People v. Langdon

ARCHBALD, J.,

pro

tem.

Defendant Thorn was jointly charged with Prank C. Langdon in an indictment containing forty-seven counts, charging grand theft and other felonies. Thirty of such counts were dismissed before the case was submitted to the jury, which returned verdicts of guilty as to both defendants on count XVIII (grand theft) and not guilty on those remaining. Defendant Thorn has appealed from the judgment of conviction entered on said verdict as well as from the order denying his motion for arrest of judgment and for a new trial.

Appellant was the president and Langdon the secretary of the California Thorn Cordage, Inc., hereinafter referred to as the company, which was engaged in the manufacture of rope, cordage and like materials and in such business purchased and used large quantities of hemp. This was purchased by the company from the importers themselves. At the first, appellant had charge of such buying, but later defendant Langdon was charged with such duty,. under the direction, however, of appellant. In June or July of 1928, an arrangement was made under which one Clifford L. Aeh, after August 1, 1928, acted as a broker in making such purchases. He was induced by Langdon to so act and was instructed to add to the net price which he paid the importers his agreed commission of two and one-half per cent, and an additional one cent per pound, for which total price he was to bill the company. The company paid or charged such bills, and Ach, after deducting his commissions and on the instructions of Langdon, issued his checks in favor of Mrs. Langdon for the accumulated overcharge. Such checks, the evidence shows, were deposited in bank accounts of Mr. and Mrs. Langdon which, Mrs. Langdon testified, were used for the benefit of appellant, and eventually practically all of the money so paid by Ach reached appellant, who instead of returning it to the company, as the company’s money, treated it as his own. It was the last payment so made by Ach, which apparently represented the aggregate of eleven

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amounts that had accumulated in his hands to January 16, 1930, and which was paid by check of said Ach, handed to Langdon and deposited January 17, 1930, in an account of the Langdons which, as we have said was appellants’ although in the Langdon name, that was the basis of said count XVIII.