O'Brian

Appeal from judgment and from orders denying the motion for a new trial and denying the motion in arrest of judgment.

The information in this case is entitled and was filed in •the superior court of Sacramento county, state of California, and it charges that the defendant on a certain day in September, 1907, “at the said County of Sacramento, in the State-of California, and before the filing of this information, was then and there by one Michael Ward intrusted as bailee with certain personal property, to wit, a certificate of deposit for the sum of two hundred and' fifty dollars, lawful money of the United States, on the Silver Bow National Bank of Butte City, in the State of Montana, payable to the said Michael Ward, then and there of the value of two hundred and fifty dollars, lawful money of the United States, and then' and there the personal property of the said Michael Ward, and thereafter on or about the 5th day of September, 1907, at and in the City, County and State aforesaid, the said Cornelius 0 ’Brian did cash said certificate of deposit and did then and there receive and take into his (the said Cornelius O’Brian’s) control and care the said sum of two hundred and…