People v. Crowfoot

[108]

NOURSE, J.

The defendant was convicted upon an information charging him with embezzlement, on or about the sixth day of February, 1925, of certain personal property described as an automobile garage together with the equipment therein and a certain bill of sale thereof, which property it was alleged had been trusted to him as a bailee by one Fred Schaefer, the owner thereof. From the judgment following the conviction and from the order denying his motion for a new trial he has appealed on a typewritten record.

On this appeal the appellant presents but one ground which requires consideration—that the evidence wholly fails to sustain the verdict. Briefly, the facts are that the appellant, who was the owner of mining and lumber property situated in Butte County, this state, interested Schaefer in associating himself with him in the development of the property, with the ultimate object of organizing a corporation for that purpose. In February, 1925, the parties entered into a written agreement whereby the appellant agreed to sell to Schaefer eight thousand shares of stock of the corporation which was to be formed for the purpose of developing the properties mentioned, and in consideration thereof Schaefer agreed to sell to the appellant his entire interest in the Park Garage located in the city of Alameda. On February 6, 1925, a bill of sale was executed and delivered by Schaefer to the appellant conveying to him the entire interest in this garage and the appellant immediately assumed possession thereof, employing Schaefer to act as his agent in its management. Thereafter, and with the full knowledge and consent of Schaefer, the appellant exchanged the garage to one Elliott for an interest in real property situated in the northern part of the state. In accordance with the agreement of the parties, the appellant proceeded with the incorporation of the mining company and procured the permission of the state commissioner of corporations to issue five hundred thousand shares of stock, same to be held in escrow subject to the further orders of the commissioner. This incorporation was effected on March 17, 1925, and on July 13th following, pursuant to the application of the directors of the corporation, the commissioner issued his authorization for the issue of the stock and, on

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