People v. Harby

Appellant was accused by the Grand Jury of Los Angeles County of having appropriated a city-owned automobile, which had been entrusted to him for his official uses as a city councilman, to a purpose not in the due and lawful execution of his trust. After conviction by a jury, he presented his motion in arrest of judgment. This was denied. Whereupon the court pronounced its judgment removing appellant from office as city councilman and declaring the office then held by him to be vacant. He grounds his appeal upon: (1) the insufficiency of the pleading, (2) the insufficiency of the evidence,…