People v. Best

Defendant was charged, tried and convicted of a violation of Penal Code, section 424, subdivision 1 (embezzlement by a public officer). He appeals from the judgment of conviction and from the order denying a motion for a new trial.

Defendant did not take the witness stand in his own behalf and no factual material was presented by him to contradict any part of the material prosecution evidence. That evidence thus standing entirely without contradiction shows: that at the time the offense is alleged to have been committed a bench warrant had been issued by the Justice’s Court of Calexico in the…