Brown

On February 27, 1951, in the District Court for the Territory of Alaska, appellant, Archie L. Brown, was indicted for violating § 4807, Compiled Laws of Alaska, 1933, now § 65-5-63, Alaska Compiled Laws Annotated, 1949. The indictment charged: “That during the period from March 12, 1948, to and including August 28, 1948, [appellant], at Anchorage, Alaska, Third Judicial Division, District of Alaska, did convert to his own use certain money, to wit, Four Thousand Three Hundred Fifty Dollars ($4,350) lawful money of the United States of America, said money being then and there the property of the Territory of Alaska and which had come into his possession by virtue of his position as Deputy Tax Collector for the Department of Taxation, Territory of Alaska.”

Appellant was arraigned, pleaded not guilty, was tried and found guilty and filed a motion for a new trial. The motion was denied, and a judgment was entered sentencing appellant to be imprisoned for 2% years. This appeal is from that judgment.

The Government’s evidence in chief showed or strongly tended to show that, during the period mentioned in the indictment, appellant converted to his own use $4,350 which he, as Deputy Tax…