Riccardi

The defendant was found guilty of embezzlement upon an indictment; was adjudged. thereon to be imprisoned in the state prison, and appeals from this judgment and from an order denying his motion for a new trial.

The indictment charges that the defendant Riccardi was bailee of one Alberto Rolatti; that by virtue of his employment as such bailee there came into the possession, care, custody, and control of him, the said Riccardi, one thousand dollars in lawful money of the United States of America and of the value of one thousand dollars in gold coin of the United States of America, and of the personal property of the said Alberto Rolatti, and that he, the said Riccardi, “after the said personal property had come into his possession, care, custody, and control, as aforesaid, did then and there . . . willfully, unlawfully, fraudulently, and feloniously convert, embezzle and appropriate the same to his own use and to uses and purposes not in the due and- lawful execution of such trust as such bailee as aforesaid. ’ ’

This indictment is attacked as not complying with the provisions of section 507 or section 508 of the Penal Code, upon one or the other of which, under the facts in…