Roberts

The defendant W. M. Roberts was convicted on two charges of embezzlement and was sentenced to imprisonment in the state prison. He appeals from the judgment of conviction and from the order denying his motion for a new trial. The charging part of the first count of the information is as follows:

That the defendant “was the agent and bailee of Pacific Gas and Electric Company, a private corporation organized under the laws of the State of California and doing business in Placer County, California, and by said corporation entrusted with and having in his possession and under his control the sum of $6,498.00, lawful money of the United States, by virtue of his said trust, then and there the property of said Pacific Gas and Electric Company, a corporation, did then and there, to-wit, on the 10th day of August, 1925, at Auburn, in the said County of Placer, State of California, wilfully, unlawfully, feloniously, and fraudulently embezzle and appropriate said money to a use and purpose not in the due and lawful execution of his said trust, as such agent, bailee, and person entrusted with and having said money in his possession and under his control.”

The second count is the same in…