Dewindt

Appellant was charged with the embezzlement of $942 from the Imperial Irrigation District. The jury returned a verdict against the defendant, and he appeals from the judgment of conviction, and from the order of the court denying his motion for a new trial.

The defendant was employed as assistant cashier of the Calipatria Division of the Imperial Irrigation District from the twenty-sixth day of July, 1923, to and including the eighteenth day of August, 1923. On August 9, 1923, Mr. Hewitt, the cashier of this division of the district, went on a vacation, and the defendant was left in charge of the office of the district during the absence of the cashier. The defendant was arrested on Saturday, the sixteenth day of August, 1923, at about 7 o’clock in the evening. At the time of his arrest he had on his person $792, money belonging to the Imperial Irrigation District. He had previously made arrangements with one Pelfey to drive him from Calipatria to Calexico, and he was arrested just as he was leaving his room on his way to Pelfey’s machine, in which he was to ride from Calipatria to Calexico. A few days before his arrest he had made several trips to Mexicali, which is just across…