Royce

In the opinion delivered in Department it is said that “the errors complained of are based upon rulings upon questions of evidence, and upon instructions to the jury”; and, as to such errors and questions, we are satisfied with that opinion. But *176 a hearing in Bank was ordered on account of a grave doubt whether, under any proper view of the law, there was evidence sufficient to warrant a conviction of the crime charged; and, from further consideration of the case, we are satisfied that there was not such evidence. '

The facts shown by the evidence are these: On February 21, 1893, the appellant was treasurer of the Veterans’ Home Association, a corporation, and on that day received a certain draft for the benefit of said association for ten thousand three hundred and fifty dollars. On the same day he deposited said draft with the Crocker-Woolworth National Bank of San Francisco, and the amount of the draft was credited to appellant’s personal account. The president of the bank testified that he “ did not hear him [appellant] give any direction as to whose credit it should be placed,” and that “ we did not place it to the credit of the association because we have not had any…