Lasker

— Defendant was convicted, upon five counts, of making false entries in the books of Lasker Finance Corporation. This crime is denounced by section 563 of the Penal Code. Defendant appeals from the judgment of conviction and from the order of the trial court denying his motion for a new trial.

Appellant contends that the evidence was insufficient to support the verdict returned against him under the first count of the indictment. It was charged in this count that appellant was a director and the president of the Lasker Finance Corporation, and that as such, with intent to defraud the corporation of a certain sum, he did make and concur in making, on a certain date, a false entry in its ■books, thus:

It was further alleged that these items meant and were intended to mean that when they were entered the sum of $46,462.79 of the money of the corporation had been invested in furniture and fixtures and that $175,000 of its assets was represented in insurance agency plant. Then followed allegations, in appropriate form, that the items were false and that appellant knew they were false.

Appellant contends that the evidence was insufficient for the reason that no testimony was adduced…