People v. Nelson

Appeal is here taken from verdicts rendered on April 11, 1924, convicting appellant of embezzlement, and finding for the People upon plea of former jeopardy.

Two informations were formerly filed in the superior court. One charged appellant with having embezzled and appropriated to his own use certain jewelry entrusted to him by one E. A. Miller. The other charged that on or about the twenty-eighth day of June, 1923, appellant came into possession of $1,500, lawful money of the United States of the value of $1,500 in gold coin of the United States, of the personal property of one D. S. Maiman, which appellant on the last-mentioned date embezzled and converted to his own use. The two cases were consolidated and tried together, and a jury found him guilty upon the first charge of embezzlement under $50; with that case we are not concerned on this appeal. This opinion deals with the Maiman case only.

In the trial upon the information containing the charge of embezzlement of money the People offered in evidence a receipt, reading as follows:

It appeared that Nelson obtained from Maiman the two diamonds first mentioned in the memorandum for the purpose of selling them; that he…