![]() ![]() However, he made no attempt to conceal his activities, and at the end of each month, when the company received its statements from the bank, the bookkeeper would list the checks as accounts receivable from defendant. Defendant used the moneys he had appropriated to invest in the stock market.ĭefendant drew the checks in question without informing the company's bookkeeper that he was doing so. The most recent entry in the corporate books revealed a balance owing by defendant of $79,965.03. An audit of the corporate books in 1973 reflected that, at the time of the audit, defendant owed San Pedro Motors approximately $104,000. From January 1972 to January 1973 he wrote additional checks, also for his personal use, totalling an additional $93,832.28. During this period, he repaid $164,324.53 to San Pedro Motors. ![]() Five persons, including defendant, were authorized to write checks on the corporate account.įrom 1968 to 1971, defendant wrote numerous checks on San Pedro Motors' account in the aggregate sum of $195,088.08, which he used for his own purposes. Keith was president of the corporation, and Iverson was its secretary-treasurer. The stock of San Pedro Motors, a corporation, was owned 50 percent by Virgil Keith, defendant's father-in-law, and 50 percent by Richard Iverson. įrom 1967 to 1973 defendant served as general manager of San Pedro Motors, an automobile sales dealership. We have concluded that certain of the arguments presented are meritorious, and that the conviction should be reversed. On appeal, defendant contends that the trial court committed prejudicial error in its instructions to the jury. Sentence was suspended and defendant was placed on five years' probation on the condition that he spend one year in the county jail. Following a jury trial in the Los Angeles County Superior Court, he was found guilty on nine of those counts, and sentenced to state prison for the term prescribed by law. Preminger, Deputy Attorneys General, for Plaintiff and Respondent.ĭefendant Charles Henry Stewart was charged by information with 10 counts of grand theft in violation of Penal Code section 487, subdivision 1. Clark Moore, Assistant Attorney General, Norman H. Winkler, Chief Assistant Attorney General, S. Sherman for Defendant and Appellant.Įvelle J. (Opinion by Richardson, J., expressing the unanimous view of the court.) ![]() CHARLES HENRY STEWART, Defendant and Appellant ![]()
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