Kinard

The defendant was charged in the information with the crime of embezzlement in having received and appropriated to his own use, on the tenth day of December, 1907, the sum of $225, the property of one Mrs. Louisa Lamprell. The evidence shows that on the twenty-fourth day of October, 1906, Mrs. Lamprell drew a check on the Oakland Bank of Savings in favor of the defendant, and expressly instructed the defendant not to draw the money until such time as she should send for it from Australia, where she intended to go on a visit. The defendant, contrary to his instructions, cashed the check on the following day and appropriated the money to his own use on said day by paying the same to one Whitehead on account of his own indebtedness by reason of the purchase of land from said Whitehead. Mrs. Lamprell returned to California in September, 1907; and upon discovering by inquiry at the bank that defendant had collected the money on the day after the check was drawn, made various efforts to collect the money from defendant, who put her off from time to time with various misrepresentations, excuses and subterfuges. On December 10, 1907, after various efforts to collect the money, she made a…