Fronk

— J. K. Fronk and Lloyd Albert Landon were jointly indicted by the grand jury of Los Angeles County, charged in two counts with the larceny of $12,500 and $10,300, respectively. They were acquitted by the jury on these two counts. The indictment also charged them in counts three and four with the embezzlement of the samé sums, alleging that the defendant Landon, who was the manager of the Santa Barbara and Western Avenue Branch of the Heilman Commercial Trust & Savings Bank, had in his control as agent and bailee of the Heilman Commercial Trust & Savings Bank the moneys heretofore mentioned, and that he and the defendant Fronk did “wilfully, unlawfully, fraudulently, and feloniously convert, embezzle, and appropriate” the same to their own use, “and to uses and purposes not in the due and lawful execution of the said trust of the said Lloyd Albert Landon.” The jury returned a verdict of guilty on these last two counts, charging embezzlement, and from the judgments pronounced upon the verdicts and from orders denying their motions for a new trial the defendants prosecute separate appeals.

In the interests of clarity, we will before reciting further facts dispose of one point urged…