Swaar

Defendant was convicted of the crime of embezzlement and appeals from the judgment and order denying his motion for a new trial. He first questions the sufficiency of the information upon which he was placed on trial. While the information may be subject to some of the defects claimed for it by appellant, we are of the opinion that it sets forth in reasonably clear and concise language the essential elements of the crime of embezzlement. We are unable to perceive how appellant could have been materially prejudiced by any of the alleged deficiencies in said information, even assuming that they are as glaring as appellant claims them to be.

It is next claimed that the evidence was not sufficient to justify the verdict. Particular stress is laid by appellant upon the receipt given by him for the bonds with which he is charged with embezzling. He insists that this receipt clearly shows that the bonds were delivered to him by the owner and complaining witness for the purpose of enabling him to raise money with which he could procure an oil lease, and that he and the complaining witness were to share equally in the profits of such investment. If the evidence in the case substantiated…