Rowland

Under an indictment charging him with the crime of embezzlement, in the alleged felonious and fraudulent appropriation to his own use of the sum of $1,036.15, the money of the bank of Healdsburg, the defendant was convicted by a jury, and by the court sentenced therefor to a term of six years in the state prison.

This appeal is from the judgment of conviction and from the order of the court declining to grant defendant’s motion for a new trial.

The defendant had been for many years secretary and cashier of the bank of Healdsburg, Sonoma county. On the third day of December, 1908, W. C. Watson, state bank commissioner, having in his official capacity investigated the affairs of the bank, discovered a large shortage in the cash accounts, and thereupon ordered the institution closed to business, pending further investigation. The amount which it is claimed that the shortage represented exceeded the sum of $100,000. The charge in the indictment, however, relates to a transaction involving the sum of $1,000, and occurring on the seventh day of May, 1908, so it is alleged. It appears that on that date one Robert G. Cook paid to the bank a note calling for the sum of $1,000, together…