Lederer

Defendant was convicted of fraudulently conveying, assigning and concealing his property with intent to defraud Nordman Brothers Company, which was then his creditor in a large sum of money, as that crime is described in section 154 of the Penal Code. He was sentenced to pay a fine in the sum of $1,005, from which judgment and from an order made by the trial court denying his motion for a new trial he has appealed.

Prom the reporter’s transcript of the testimony it appears that the defendant was in charge of a jewelry store in the city of San Luis Obispo for at least one and one-half years prior to the date of his arrest, and that he assumed to be the owner thereof, his name appearing upon signs placed about the place of business and upon a large safe which he kept in the store for the purposes of that business. The complaining creditor had furnished merchandise to the amount of more than $2,000 in value for the defendant’s use. A short time prior to the date of defendant’s arrest a representative of this creditor called upon defendant at his place of business and made known the state of his account with the complainant. This account was then in the form of a book charge in part,…