Allred

Allred v. United States

Good Law
10 Alaska 460·146 F.2d 193·1944 U.S. App. LEXIS 2271
United States Court of Appeals for the Ninth CircuitNovember 13, 1944No. 10678California2,240 words

Opinion

lead Opinion

Mathews, J.

Appellant was indicted for embezzling a coat. A demurrer to the indictment was overruled, a plea of not guilty was entered, a trial was had, a motion for a directed verdict was denied, a verdict of guilty was returned, a *463 motion for a new trial was denied, and judgment was entered sentencing appellant to be imprisoned for ten years. From that judgment this appeal is prosecuted.

Nine alleged errors were assigned 1 and are specified. 2 Assignment 1 is that the court erred in denying the motion for a directed verdict. Grounds of the motion were that the indictment did not state facts sufficient to constitute the crime of embezzlement, and that the evidence was insufficient to warrant appellant’s conviction.

The indictment stated that on September 22, 1943, in the Fourth Judicial Division, Territory of Alaska, appellant, “being then and there the agent of the Fairbanks Agency Company, an Alaskan corporation engaged, among other lines, in the business of storing furs for its customers, at Fairbanks, Alaska, did, by virtue of such employment, come into the care of certain personal property of the value of more than thirty-five dollars ($35.00), towit, of the value of four hundred…

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