Carlson

Defendant was accused by information of embezzling a sum of money from William Randolph Hearst. The jury returned a verdict of guilty. Prom the judgment pronounced thereon and from an order denying a motion for a new trial defendant appeals.

The first point presented is that the court in propounding a question to a witness assumed a fact in dispute, which being an infringement of the jury’s province, prejudiced defendant. Defendant effected the embezzlement while assistant cashier of a newspaper owned by Hearst, through the manipulation of certain deposit slips and passbook entries. It was a part of his duty to make deposits in bank of the moneys belonging to Hearst and to make out in duplicate deposit slips showing the items and amounts of the daily deposits; one of these slips for delivery to the cashier of the newspaper, the other to present to the bank in connection with the money for deposit. Defendant accordingly made out exhibit “A,” showing a deposit of $2,037.19, and the items entering therein, which he gave to his superior as evidence of that day’s deposit. He, however, when making the deposit at the bank, substituted another slip which showed only $1,537.19, and this…