People v. Gallagher

The Court

The appellant was convicted of the crime of embezzlement, and has appealed from the judgment and from an order denying his motion for a new trial.

The indictment charges that at the county of Alameda one Richard G. Beggs, a clerk, agent, and servant of the “ Oakland Consolidated Street Railway Company” (a corporation), embezzled eight thousand five hundred dollars, the personal property of said company, and that the defendant, B. F. Gallagher, did aid and abet said Beggs in such embezzlement.

The first point made by appellant is that Beggs did not commit the crime of embezzlement as…