People v. Knox

This is an appeal from a judgment of the court upon a verdict of the jury finding the defendant guilty of the crime of embezzlement. An information filed by the district attorney of Los Angeles County charged the defendant and appellant herein, Edgar J. Knox, with embezzlement in count one and grand larceny in count two. Appellant was acquitted on the charge of grand larceny, but was found guilty on the count of embezzlement.

In urging a reversal of the judgment the appellant admits that under the rule of “conflict of testimony” this court will not disturb the finding of the jury; but he contends that the testimony in the case is so strongly in his favor that the court in reviewing the points he raises should apply the doctrine of the “close case.”

We have carefully examined the transcript of the evidence and are moved to observe that if the complaining witness’ testimony was given full credit by the jury, as undoubtedly it was, it cannot be said that this is what may be termed a “close case.”

The complaining witness, Alice M. Bright, testified that in November, 1924, the defendant, with whom she had a limited acquaintance, approached her with the statement that he knew where…