Martin

The defendant has appealed from a judgment convicting him of the crime of embezzlement, and from an order denying his motion for a new trial.

Section 504a of the Penal Code was added to that code by an act entitled “An Act to Add a New Section to the Penal Code to be Numbered Five Hundred Four a, Relating to the Removal and Disposition of Leased Property.” The section reads as follows: “Every person who shall fraudulently remove, conceal or dispose of any goods, chattels or effects, leased or let to him by any instrument in writing, or any personal property or effects of another in his possession, under a contract of purchase not yet fulfilled, and any person in possession of such goods, chattels, or effects knowing them to be-subject to such lease or contract of purchase who shall so remove, conceal or dispose of the same with intent to injure or defraud the lessor or owner thereof, is guilty of embezzlement.” (Stats. 1917, p. 273.) As stated in the information, the defendant was charged with the crime of embezzlement in that he did, with intent to defraud W. B. Conniry, remove, conceal, and dispose of a described automobile, the personal property of Conniry, which had been…