Lind

The appellant was charged by information filed by the district attorney of Los Angeles County with grand larceny, embezzlement, and grand theft. He was convicted upon counts charging the two last-named offenses, and appeals from the judgment and order denying a motion for new trial. It was contended in a motion for an instructed verdict and motion for a new trial, and is here insisted, that the evidence conclusively shows that the alleged embezzled and stolen moneys were received by his employers, and that there is therefore no evidence to support the verdict and judgment.

It appears that appellant was employed by a furniture company in the city of Los Angeles during the year 1927 and that he received a salary of $60 per week; that it was his duty to receive, enter upon the proper books, and deposit in bank moneys and checks paid to him by customers, for the company’s account. An auditor testified that over a period of about eight and one-half months customers paid in $14,818.71 in divers amounts for which their accounts were not credited, and which had been withdrawn from the bank. Another witness testified that when appellant was arrested he was asked what he had done with the…