People v. Van Sciever

Citations

• 5 Cal. Unrep. 178
• 42 P. 451
• 1895 Cal. LEXIS 1180

Syllabus

<p>Embezzlement—Sufficiency of Evidence.—In a Prosecution for Embezzlement of a check, the evidence showed that one T. employed defendant as a broker to obtain a loan for him; that defendant went to complainant, who agreed to make the loan, and defendant was directed by her to attend to the matter of looking after the title to the land, and taking of a mortgage thereon; that defendant found the title satisfactory; that T. made the mortgage, and gave it to defendant, to be delivered to complainant on receipt of the money; that afterward she drew the cheek in question for the balance in favor of defendant, who cashed it, and with the proceeds paid certain of T.’s obligations; and that defendant refused to deliver to complainant the mortgage until she settled with him for his services in the matter, and for certain other services which he claimed to have rendered her. Held, that the evidence was insufficient to sustain a conviction.</p>