Worrell

Robert Worrell (hereafter defendant) was convicted by a jury of wrongful diversion of construction funds. (Pen. Code, § 484b.)

Defendant appeals his conviction and raises three issues: (1) admission of certain of his business checking account records was error for lack of foundation to meet the business records exception to the hearsay rule (Evid. Code, § 1271); (2) the copies so introduced violated the best evidence rule and did not fall within an exception thereto (Evid. Code, §§ 1500, 1503, 1550); and (3) there was insubstantial evidence to support the conviction.

Facts

Defendant was the president of S & R Properties and Ray Muller was the vice president during the times of the transactions which led to the present conviction. Both men also had some connection with Star Realty. Thelma Anderson (Dunlap) and her husband contacted Star Realty for the purpose of purchasing property and having a house built thereon. They met with Muller who showed them a lot and a purchase contract was entered into for the lot and the construction of a three-bedroom, two-bath home. The Andersons gave Muller a $1,000 deposit at that time.

On September 17, 1977, Mrs. Anderson opened a…