Meagher

Appellants Charles E. Meagher and W. J. Walsh appeal from a conviction for conspiracy to embezzle property coming into the hands of appellant Meagher as trustee for the bankrupt estate of the Heilbronner Company, a corporation. The indictment alleges “that on and after the 20th day of July, 1925, the assets of the said bankrupt corporation and certain property of other persons were delivered to and came into the control and possession of the said Charles E. Meagher as such trustee; that among the same were certain corporate stocks hereinafter mentioned.” It is alleged that the appellants conspired to “feloniously take, steal, embezzle and appropriate to the use of said Charles E. Meagher and to' the use of the said conspirators, property belonging to the said bankrupt estate and of other persons, which had theretofore come or which should thereafter come into the charge of said Charles E. Meagher as such trustee.” As overt acts it is alleged that on January 19, 1926, six shares of the common stock of the Chrysler Corporation were sold, and the proceeds were appropriated to the use of the conspirators, and that a false return of sale was made to the referee showing that the…