People v. Leonard

Citations

• 106 Cal. 302
• 39 P. 617
• 1895 Cal. LEXIS 604

Syllabus

<p>Criminal Law—Embezzlement—Evidence—Proof of Corporation db Facto.—Where a defendant is charged with embezzlement of moneys as an officer, manager, and servant of a banking corporation “duly created, organized, and existing under and by virtue of the laws of the state of California,” proof that such corporation existed as a corporation de facto, claiming in good faith to be a corporation organized under the laws of California, and doing business as such, is sufficient to sustain the indictment.</p> <p>Id.—Sufficiency of Articles of Banking Corporation—Failure to State Amount of Capital Stock Subscribed—Change of Code__ The articles of incorporation of a banking corporation executed and filed prior to the amendment of 1876, of section 290 of the Civil Code, were not required to contain a statement of the number of shares of the capital stock subscribed, or by whom.</p> <p>Id._Proof of Incorporation—Instruction—Modification—Conflict.— An instruction to the effect that the prosecution must prove a corporation duly formed, organized, existing, and doing business under the laws of the state of California, is not in conflict with a modification thereof to the effect that if the jury find that the corporation existed as a de facto corporation at the time of the alleged offense, it was a corporation duly formed, organized, existing, and doing business, nor in conflict with another instruction solely relating to the sufficiency of proof of a corporation defacto.</p> <p>Id._Effect of Proof of Corporation de Facto.—When the proof shows such facts as the code designates as sufficient to constitute a corporation de facto, it is for all the purposes of the action to be treated as a corporation duly formed, and the legality of its organization cannot be questioned.</p> <p>Id._Liability of Officers of de Facto Corporation—Embezzlement by Officer de Facto.—Any officer who in fact acts as an officer of a corporation de facto is subject to all the liabilities and penalties imposed u