Hughes

The appellant was convicted upon an information filed by the district attorney of Los Angeles County charging that “the said T. C. Hughes . . . was the agent and bailee of Prank Powell, . . . and then and there by virtue of his trust as sueh agent and bailey came into the care, possession, custody and control of him, the said T. C. Hughes one trust deed of the value of twenty-five hundred dollars ($2500.00) . . . And he, the said T. C. Hughes, after the said personal property of the value aforesaid had come into his possession, custody, care and control, as aforesaid, . . . did then and there . . . convert, embezzle and appropriate the said personal property to his own use, and to uses and purposes not in the due and lawful execution of his said trust as agent and bailee and person so entrusted therewith, as aforesaid.”

It appears that the defendant telephoned the prosecuting witness Powell and inquired as to whether or not he would be willing to dispose of the trust deed here in controversy, and that as a result of the telephonic conversation which then ensued Powell delivered to Hughes certain documents, including the deed of trust. This occurred on April 20, 1925. At the time…