Kirkpatrick

The information is in two counts, and the defendant was convicted on both of the charges. The first count charges embezzlement, on or about the twenty-seventh day of November, 1924, of the sum of $3,500 belonging to Elizabeth Gnabe Kirkpatrick. The second count charges embezzlement, on the same date, of the sum of $1,989.29, also the property of Elizabeth Gnabe Kirkpatrick.

The defendant and Elizabeth Gnabe became acquainted with each other in January, 1924. The defendant very promptly learned that Miss Gnabe, who had been a domestic servant for many years, owned cash and securities amounting to about $8,000. During the month of February they were engaged to be married. They agreed that Miss Gnabe would furnish money for the purchase of a grocery store, which would be operated by the defendant, who was experienced in that business, and they found a grocery store belonging to one Hanson, which seemed to be suitable for their purpose. Defendant and Miss Gnabe examined the store together on the twenty-eighth day of February. Hanson’s price for the property was $3,500. In describing the transaction Mrs. Kirkpatrick testified as follows: “Mr. Kirkpatrick and Mr. Hanson talked about…