Fatrious

People v. Fatrious

Good Law
1926 Cal. App. LEXIS 303·77 Cal. App. 285·246 P. 342
Court of Appeal of CaliforniaMarch 26, 1926Docket No. 1279.California423 words

Opinion

Lead Opinion

Houser, J.

Defendant was found guilty of having committed offenses, as briefly charged in the information filed against him, as follows: Count one, embezzlement; count two, falsifying corporate records; count three, embezzlement; count four, alteration of corporate records; count five, embezzlement; count six, falsifying corporate records; counts seven, eight, nine, and ten, false entry by agent of bank; count eleven, forgery. Sentence was passed on defendant as to counts one, three, and eleven, and the passing of sentence was suspended as to all other counts of which defendant was found guilty. He has appealed from the judgment and from an order of court denying his motion for a new- trial.

The only complaint made by appellant is that the evidence was insufficient to justify the verdict as to embezzlement. Other than a general statement by appellant that “there is wholly a lack of evidence showing any receipt of any item of money by this defendant or any money received by him, nor is there any evidence of the defendant's fraudulent appropriation of any of the money or property of the bank to his own use”—only the most incomplete and inadequate attempt is made to lead the way or in any…

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