Ledbetter

The defendant was tried upon an information charging a violation of section 508 of the Penal Code, covering the crime of embezzlement as an agent. From the judgment following the verdict of guilty and from the order denying defendant’s motion for a new trial he has appealed upon a typewritten record.

The defendant and the complaining witness were on very intimate terms during the early part of the year 1926 and were engaged to be married. While enjoying the confidence and trust of the complaining witness the defendant persuaded her to transfer to his possession an automobile which he agreed to sell for the sum of $1,050 and agreed to invest the proceeds of that sale in stock of the National Ice Cream Company. Having obtained possession of the car and the written evidence of ownership for this purpose the defendant sold the car for $300 in money and a Ford coupe valued in the trade at $450, which he later sold for the sum of $350. All this money the defendant admittedly appropriated to his own use while he continued to assure the complaining witness that he had received the full sum of $1,050 with which he would purchase the stock of the ice- cream company as soon as he could…