Epstein

The first count of. the information on which defendant was convicted, charges that defendant committed the crime of grand theft in that he did, at a stated time and place, wilfully, etc., take away $6,000 of the personal property of one David Spiegel. The second count, in similar terms, charges grand theft of the sum of $10,000 of the personal property of one Louise P. Klein.

Defendant was the president and general manager of a corporation called The Beverly Hills Investment and Loan Corporation. This corporation was engaged in a general loan and investment business, including the negotiation and completion of loans of money for its customers. In February, 1930, Spiegel delivered to the Loan Corporation a check payable to the order of said corporation for the sum of $7,000,' with the understanding that this money was to be held in escrow and used for the purposes of a real estate loan to one Johnson. The Loan Corporation deposited the check as a credit on its own general account in the Republic Bank, at Hollywood. The check was in due course collected from the bank on which it was drawn, and remained in the Republic Bank to the credit of the Loan Corporation. Later it appeared…