Fisher

Defendant was convicted of the crime of embezzlement, and appeals from the judgment and from an order denying his motion for a new trial.

On June 3, 1910, the Diamond Credit Company, a copartnership, intrusted the defendant with two diamond rings. Defendant had sold a ring for the copartners on a prior date. He stated to Alexander Lippert, one of the proprietors of the business, that he had a customer for another ring. He selected two from the stock and promised that he would either return the rings or the price agreed upon on the following day, It was understood that a commission of ten per cent would be paid to defendant in the event a sale was made of either or both of the rings. Defendant did not return the property on the following day, or at all, neither did he appear himself at the place of business of complainants at any time subsequent to the day when he received the rings. Inquiry was made among people with whom he had been in the habit of associating, but no trace of defendant was secured for some time. In August following he was located at Detroit, Michigan, and brought back under extradition warrant to Los Angeles for trial.

The information as filed by the district…