Holt

Defendant was convicted of the crime of embezzlement and appeals from the judgment of imprisonment and from an order denying' his motion for a new trial.

The evidence offered in support of the charge showed that a woman named Grace M. Carter had delivered to defendant, who was a real estate agent, the sum of about one thousand one hundred dollars with which to erect for her a house; that instead of putting the money to the use for which it was delivered to him defendant expended it for his own purposes, a portion thereof being paid for an automobile. Prior to the filing of the original complaint, defendant was taken to the office of the district attorney and there interrogated as to the facts connected with the transaction. While it did appear that his visit to the district attorney’s office was not entirely voluntary upon his part, sufficient was shown to establish that whatever statement he there made, he made voluntarily and with full knowledge that it might be used against him in the event prosecution was instituted. The evidence showed that while in the district attorney’s office, in answer to questions asked him, defendant admitted receiving the money of the complaining…