Price

Defendant was charged by information with the crime of embezzlement, it being alleged that by virtue of his employment as an agent there came into Ms possession and control ten shares of stock of the American Telephone and Telegraph Company of the value of one thousand four hundred dollars, the property of one W. S. Pitch, and that defendant unlawfully embezzled and appropriated the same to his own use. He was found guilty as charged. He appeals from the judgment of conviction and from an order denying a new trial. As grounds for reversal it is claimed that the information is insufficient in that it does not allege the terms and conditions of the trust whereby defendant held possession of the property. It is also claimed that there is a variance between the allegations of the information and the proof, and that the trial court erred in giving certain instructions to the jury. With reference to the first objection it is sufficient to say that an indictment or information is good if it gives a statement of the acts constituting the offense in ordinary and concise language, and in such a manner as to enable a person of ordinary understanding to know what is intended. Under our…