Leonard

This is an appeal by the people from an order of the superior court sustaining defendant’s demurrer to the indictment. The indictment charged that the defendant was a director, officer, manager, and servant of the Bank of Santa Clara County, a corporation, etc., and as such officer, etc., “there then and there came, and was under his control and possession, a certain record known as a ‘ note register,’ which said record was then and there the property of and kept by the said corporation, and the said H. M. Leonard, while said record was so in his possession and under his control, by virtue of his trust as such director, etc., then and there, to wit, on the thirty-first day of October, 1892, with intent in him, the said H. M. Leonard, to defraud the said corporation in the sum of three thousand dollars, did will *202 fully, unlawfully, and feloniously make in the said record the following false entries, to wit:

Section 563 of the Penal Code provides: “Every director, officer, or agent of any corporation .... who, with intent to defraud, .... makes any false entries in any book of accounts or other record or document kept by such corporation or association, is punishable by…