Blackmore

People v. Blackmore

Good Law
1927 Cal. App. LEXIS 122·87 Cal. App. 222·261 P. 1053
Court of Appeal of CaliforniaDecember 1, 1927Docket No. 1546.California386 words

Opinion

Lead Opinion

Works, J.

Defendant was convicted of the crime of embezzlement and appeals from the judgment.

The property which was the subject of the crime was an automobile. Appellant sold the car to a certain corporation for the sum of #1,675 and the corporation executed back to him a conditional contract of sale, the car remaining in appellant’s possession. Thereafter the alleged embezzlement occurred. Appellant’s sole contention is that at the time he sold the car to the corporation no delivery of possession was made, and this point is based upon the single ground that appellant, at the time of the sale, never delivered to the corporation a certain “pink slip” of paper. This slip is referred to continually in the testimony, and the evidence is undisputed that it was never, either at the time of the sale, or afterward, delivered.

In his brief appellant does not acquaint us with the nature of the “pink slip,” but his entire argument is based upon the idea that if it had been delivered the corporation would have been vested with the title to the car. It is possible that the' slip was the certificate of registration referred to in sections 41 and 45 of the Motor Vehicle Act (Act 5128, Deering’s Gen.…

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