Crowfoot

The defendant was convicted upon an information charging him with embezzlement, on or about the sixth day of February, 1925, of certain personal property described as an automobile garage together with the equipment therein and a certain bill of sale thereof, which property it was alleged had been trusted to him as a bailee by one Fred Schaefer, the owner thereof. From the judgment following the conviction and from the order denying his motion for a new trial he has appealed on a typewritten record.

On this appeal the appellant presents but one ground which requires consideration—that the evidence wholly fails to sustain the verdict. Briefly, the facts are that the appellant, who was the owner of mining and lumber property situated in Butte County, this state, interested Schaefer in associating himself with him in the development of the property, with the ultimate object of organizing a corporation for that purpose. In February, 1925, the parties entered into a written agreement whereby the appellant agreed to sell to Schaefer eight thousand shares of stock of the corporation which was to be formed for the purpose of developing the properties mentioned, and in consideration…