People v. Holder

Defendant, who was convicted of embezzlement under an. indictment in two counts, similar in form, appeals from the judgment and from an order denying his motion for a new trial. [1] He likewise appeals from an order denying Ms motion in arrest of judgment, but as that order is not appealable, the appeal therefrom must be dismissed.

[2] The evidence discloses that appellant, as contractor, had entered into a building contract with each of two lot owners for the construction of a house. Each instrument provided for a contract price to be paid appellant. Certain sums, parts of the stipulated contract price, were paid appellant under each contract, but instead of expending the money for labor and materials, he appropriated to other uses amounts which, the prosecution claims, should have gone for those purposes. The aggregate amounts so appropriated were, in one instance, $1,500, in the other, $2,670. These two amounts are the sums mentioned in the respective counts of the indictment.

The indictment has heretofore been before this court on an application for a writ of habeas corpus. (Ex parte Holder, 48 Cal. App. 468 , [ 192 Pac. 90 ].) The ground there taken by appellant, as…