Crane

Appellant was convicted, in the superior court of San Joaquin County, of the crime of embezzlement and was sentenced to ten years’ imprisonment in the state prison. He appeals from the judgment and from an order denying his motion for a new trial.

The information charged that, on or about the seventeenth day of November, 1917, defendant, as the agent, servant, and employee of one Harold King, embezzled the amount of $569.50, the property of said Harold King.

On May 4, 1914, one John King died in San Joaquin County, leaving an estate therein and leaving surviving him a widow, Matilda King, and six children, three by his said widow and three by a former wife, the sister of said Matilda. Of these children, four were minors, their names being, respectively, Harold W., a son by the first wife, and Edna V., Edward L., and Enid King, issue of the second marriage.

On June 1, 1914, defendant was appointed administrator of the estate of John King, deceased, and, on February 24, 1915, he was appointed guardian of said minor children. He filed an account of his guardianship on October 23, 1915, which showed a balance in his hands, to the credit of said minors, of $1,494.97. Said account…