Keller

Immediately prior to his appointment to the office of associate justice of the supreme court of this state, the opinion which follows was begun but not completed by Honorable Frank G. Finlayson, then presiding justice of this division of the district court of appeal.

Defendant was convicted in the superior court for Orange County upon an information charging him with the embezzlement of certain money, the property of the California Industrial Finance Corporation. He was found guilty of the embezzlement of $150, and now appeals from the judgment and from an order denying his motion for a new trial.

Briefly, the outstanding facts, in so far as they are material in the illumination of the points to be discussed, run thus: Defendant was vice-president and general manager of the California Industrial Finance Corporation—hereafter for brevity referred to as the Finance Corporation. That corporation had its principal place of business in the city of Los Angeles. On October 10, 1923, defendant, in the course of his employment as such vice-president and general manager, opened an account on behalf of his principal with the First National Bank of Santa Ana—a banking institution doing…