People v. Foster

Russell S. Foster, prosecuted under the name of Prank E. Gallagher, was convicted of the crime of embezzlement. He appeals from the judgment and from an order denying his motion for a new trial.

Appellant was jointly charged with one Allen, whose true name was Abraham Goldstein. It appears that Allen was an employee of a man named Wise who had his office in a room in a certain hotel; that defendant Gallagher also had a room in the same hotel and was considerably in arrears on account of his room rent, cash advanced, etc.; that in the regular conduct of the business in which Wise was engaged,…