People v. Coggan

DRAPEAU, J.* Defendant in this case was charged with six counts of grand theft, and with one count of violating subdivision (b) of section 3020 of the Corporations Code of this state—destroying, altering, mutilating, or falsifying corporate records with intent to defraud.

He was found guilty by a judge of the superior court of two counts of grand theft, counts 1 and 6, and of count 7, violating the section of the Corporations Code named. He was found not guilty of the other counts. An allegation of having suffered a prior felony conviction, for which he served time in the penitentiary, was found to be true.

[44]He appeals from the judgment, and from “the order denying a Motion for New Trial. ...” The record, however, does not show that a motion for a new trial was made.

Defendant’s only ground of appeal is that there was no substantial evidence to support the three counts of which he was convicted.

Defendant was secretary and treasurer of two corporations: Belco Products Corporation and Coehrane-Barron Company. The corporations maintained one office together. Irving M. Cochrane was president of both corporations.

Defendant’s duties were to keep the books of the two corporations, to act as general manager, to prepare checks, and to handle their bank accounts. He was authorized to sign checks for Belco only, and then only with another officer of that corporation.

The facts will be stated separately as to each count.

Count 1. Defendant prepared a check for $350.28, payable to himself. He signed this check, and, at his request, the vice-president of the Belco corporation, Mr. Miller, also signed it. He told Mr. Miller that he had made the cheek payable to himself so that he could buy an adding machine for cash, and get a discount for the company.

He deposited the check in his own bank account, and the corporation never got the adding machine for which the check was written.

Defendant testified on his trial that he gave the money to a jobber named Weldron, who was to purchase the adding machine; but he couldn’t get Weldron to come to Los Angeles and testify. In any event, Weldron never appeared, nor could he be found.