Foster

Russell S. Foster, prosecuted under the name of Prank E. Gallagher, was convicted of the crime of embezzlement. He appeals from the judgment and from an order denying his motion for a new trial.

Appellant was jointly charged with one Allen, whose true name was Abraham Goldstein. It appears that Allen was an employee of a man named Wise who had his office in a room in a certain hotel; that defendant Gallagher also had a room in the same hotel and was considerably in arrears on account of his room rent, cash advanced, etc.; that in the regular conduct of the business in which Wise was engaged, and in his absence, a certain check was , received by Allen for the use and benefit of Wise; that Allen’s only authority in the premises was to deposit such check in a certain bank to the credit of. Wise; that defendant Gallagher, on being approached by the credit manager of the hotel regarding the payment of his back room rent, etc., stated that because a number of bank cheeks which theretofore he had given in attempted liquidation of his indebtedness to the hotel had been returned from the bank on which such checks were drawn, marked “No Account,” he was making arrangement with Wise to…