Manchell

Defendant appeals from a judgment of conviction of the crime of grand theft. The appellant was employed by Harley S. Tyler and W. H. Price, copartners, to manage a water circus which was a part of a Labor Day celebration for the Firemen’s Benefit Fund of Fresno in 1927. He was employed on a weekly salary plus a percentage of profits. He was entrusted with funds for the purpose. At the conclusion of the affair the appellant left for his employer a brief statement of his accounts and a sum of money which purported to be the entire balance in his hands belonging to said Tyler and Rice. Then he left the city, giving a false address. The amount thus left proved to be several hundred dollars short. He was arrested ten days later in Wichita, Kansas, on a telegraphic felony warrant from Fresno, but was there booked on a charge of vagrancy and released on a $1,000 bail bond. He forfeited the bail and departed. In October he was located in Birmingham, Alabama, where he was arrested and returned to Fresno for trial. The evidence upon which appellant was convicted showed that the particular kind of grand theft of which he was guilty was embezzlement.

The charging part of the information upon…