Commonwealth v. Ellison

1. The defendant’s argument that there was no evidence of the city’s bank account having been debited by the amounts reflected on the city’s checks deposited in his account, and that his two motions for a directed verdict should therefore have been granted, loses sight of testimony by the accountant for the city of Boston as to the payroll account maintained by the city in the bank on which checks were drawn. (No argument is made that the evidence was insufficient to show that the proceeds of the checks were received by the defendant.) From this and the undisputed testimony that the cancelled…