Stafford

People v. Stafford

Good Law
1927 Cal. App. LEXIS 786·81 Cal. App. 159·253 P. 183
Court of Appeal of CaliforniaJanuary 31, 1927Docket No. 1438.California1,580 words

Opinion

Lead Opinion

York, J.

The defendant was convicted oh the first count of an indictment, which first count charged him with the embezzlement of certain corporation stocks and Liberty bonds, “all of the aggregate value of $686.00.” A motion for a new trial was made and denied, and the defendant has appealed from the order denying motion for a new trial, and from a judgment of conviction on the verdict.

Appellant contends that he was given authority to sell the stocks and bonds by the complaining witness by a letter or power of attorney executed by her, and he claims that having been so authorized he was acting within the scope of his authority when he sold the bonds, and, hence, that there could have been no unlawful conversion of the property by him. But unfortunately for his contention, the letter or power of attorney executed by the complaining witness authorized him to act for her and for her use and benefit, and the jury could have found, and undoubtedly did find, that he obtained the possession of the property dishonestly, and obtained the power of attorney dishonestly, and did not intend to dispose of the property for her or for her use and benefit, but for himself and for his own use and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.