Steffner

Defendant was convicted of the crime of embezzlement. A motion for a new trial was duly made and denied. No appeal was taken from this order, the appeal being from the judgment only.

Respondent contends that, as no appeal was taken from the order denying motion for new trial, this court is without power to review the sufficiency of the evidence to support the verdict. The same point was made, and decided adversely to this contention, in the case of People v. Steffner, Cr im. No. 723, ante, p. 1 [ 227 Pac. 690 ], in which an opinion has this day been filed. We refer to that case for our views on the subject.

The sufficiency of the information was challenged by defendant, both by demurrer and motion in arrest of judgment. So far as is material to be considered here, the amended information provides: “E. W. Steffner is accused by the District Attorney of the said County by this amended information of the crime of felony-embezzlement committed as follows:

It is claimed that the information does not state facts sufficient to constitute a public offense, and also that it does not substantially conform to the provisions of sections 950 and 952 of. the Penal Code, in that the facts…