Larson

The defendant was charged by an indictment filed by the grand jury of Los Angeles County; in one count with the crime of grand larceny, specifying the theft of $35,000; in count 2 with the crime of obtaining property under false pretenses, relating to the conveyance of real property of the alleged value of $100,000; in count 3 with the crime of embezzlement; and, in count 4, with the crime of grand larceny. Counts 3 and 4 relate to the sum of $3,100 belonging to the complaining witness, which was on deposit in the Western Savings Bank of Long Beach.

The jury returned a verdict of not guilty as to counts 2 and 4, and guilty as to counts 1 and 3. The court granted defendant’s motion for a new trial as to count 1, but denied her motion for a new trial as to count 3. From the judgment and order denying a new trial as to count 3 charging embezzlement this appeal is prosecuted.

The four grounds urged by appellant for a reversal of the judgment are stated as follows: 1. The court erred in denying defendant’s motion to elect; 2. The court erred in refusing to give an instruction advising the jury to acquit the defendant under count 3 of the indictment as requested by defendant; 3. The…