Fallon

The defendant was convicted by a jury in the superior court of the county of Sacramento of the crime of embezzlement. The prosecution was under two different indictments found by the grand jury of Sacramento County, in one of which she was charged with having- fraudulently embezzled and converted to her own use the sum of $115.41, being the property of one F. E. Butler, of whom she was the agent, and in the other the amount charged to have been embezzled, and also the property of said Butler, was the sum of $308.08. The defendant was tried upon the two indictments at the same time, the same having been consolidated by an order of the court under the authority of section 954 of the Penal Code.

The case was duly put upon the calendar of this court for the December term thereof and counsel of record for the defendant duly notified of that fact. No brief has been filed by the defendant in support of her appeal, nor was there any appearance before the court in her behalf when the cause was regularly called for oral argument. In view of this situation of the cause before this court, the attorney-general, when the case came on regularly for oral argument, submitted the case upon the…