Floyd

Defendant was convicted on each of seven counts contained in two indictments which charged him with the crime of embezzlement of public funds while acting as recorder of Culver City. Under additional counts of one of such indictments he was also convicted on each of two counts which charged him with the destruction and mutilation of public records; also on each of four counts therein which charged him with the crime of falsifying a public record. Defendant appeals from the judgment rendered by the trial court on a verdict of conviction as to each of such counts, as well as from the order of the trial court denying his motion for a new trial thereon.

The first point made by appellant for reversal of the judgment as to each count of the indictments on which he was convicted is that the verdict was “contrary to and against the weight of the evidence." For this court to attempt to weigh the evidence adduced on the trial of the action and to determine therefrom whether it preponderated in favor of the prosecution or of the defendant would be a clear usurpation of the functions of the jury, which body is exclusively charged with the performance of a duty, which, were the suggestions of…