People v. Mitchell

The defendant was held under two in-formations, each charging him with the crime of embezzle ment. The cases were consolidated and tried together, resulting in convictions on both charges. The defendant moved for a new trial and his motion was granted as to both charges. This appeal is from the order granting a new trial. No brief has been filed in behalf of respondent and the cause was ordered submitted for decision upon the appellant’s opening brief.

The first information alleges that the defendant was president of the Modern Laundry Company, a corporation; that there came into his possession as such officer the sum of $550 “of the personal property of said Modern Laundry”; and that on the- day of September, 1922, he “did wilfully, unlawfully, feloniously, and fraudulently appropriate said money and personal property to his own use, not in due and lawful execution of his trust. ’ ’ The second information, in similar language, charges the embezzlement of $325 on or about the- day of November, 1922.

The Modern Laundry Company was incorporated March 11, 1922. The defendant was elected president thereof March 30, 1922. He was the active manager of the corporation. His authority is…