Foss

Defendant was charged with and convicted of grand theft, the accusation stating that the amount involved was $254.50. He appeals from the judgment and from the order denying a new trial.

Appellant and four other individuals formed an association to be known as the Pasadena Stage and Screen Club, appellant being executive secretary and chairman of the entertainment committee. The by-laws of the organization expressly provided that no member of the organization should receive compensation for any work performed for the club. The club decided to put on a show, and appellant was given exclusive charge of securing the entertainment and selling tickets. He hired women solicitors to sell tickets for one dollar each, the solicitors to receive twenty-five per cent commission on all sales.. The women turned over to appellant the money collected, 'and the charge is that he converted a portion thereof to his own use.

Appellant’s first contention on the law is that, being a member and officer of the club—whether the club was a partnership or joint adventure—he is one of the owners thereof and that, as such, he cannot steal or embezzle from himself. The rule that a partner cannot steal from…