Dodge

This is an appeal from a judgment of conviction for violation of Rev. St. § 5209 (12 USCA § 592). In an indictment containing six counts, defendant was charged with violation of the statute by abstracting and taking into his possession “certain of the moneys, funds and credits” of the Beverly Hills Branch of the Security First National Bank of Los Angeles. The defendant waived a jury, and, at the conclusion of the, trial, the judge found the defendant not guilty on three counts and guilty on three counts, a,nd sentenced defendant to the county jail for the period of three months on each of said counts, sentences to run consecutively. Only the counts involved in this appeal will be noticed.

Defendant, appellant here, was a vice president of the Security First National Bank of Los Angeles, and in charge of its Beverly Hills Branch. The facts relating to the third count of the indictment are as follows: On November 29, 1930, the sum of $3,000 was charged against the account of one Kate R. Miller on her own check, and on the same day Olga Printzlau signed a note payable to defendant in like amount. This note was placed in an envelope bearing the name “Milton Ruggles.” Defendant did…