Kirk

Defendant was charged and convicted of the crime of embezzlement. He appeals from the judgment and order denying his motion for a new trial. The information charges him with having on or about the fourth day of June, 1927, embezzled the sum of $400, the personal property of one Bessie N. Buschke. Defendant is an attorney at law. He represented the owners of certain real property in Alameda County who were nonresidents of the state. One Glen H. Mosley, a licensed real estate broker, had supervision of the property for the collection of rents and other purposes. He acted under the direction of defendant Kirk. The property consisted of a residence situated at Broadmoor Boulevard, San Leandro. Moseley, advertised the same for sale, and as a result thereof certain offers were received by him from prospective purchasers. The first offer was for the sum of $5,000 cash. Moseley, believing that defendant had been given authority as the agent and attorney for the owners to make the sale, communicated with him concerning this offer. Defendant submitted the offer to the owners for their approval, but they were dissatisfied with the same and so advised him. Subsequently, on April 13, 1927,…