Jones

Appellant was tried on an information charging Mm with larceny and embezzlement of certain pipe belonging to Russell Oil Company, a common-law trust, and after dismissal of the larceny count was found guilty of embezzlement.

The Russell Oil Company had an oil lease on certain land of one Carter, at Santa Fe Springs, California, hereinafter referred to as the Carter lease. On this lease were three oil wells equipped with casing and other appurtenances, all of which were owned by the said Russell Oil Company. The wells being out of production, Russell Oil Company, on September 8, 1925, made a contract with M. H. Murray, by which it granted to him the sole and exclusive right to operate these wells at his own expense, for doing which he was to have fifty per cent of the oil and gas produced, but no property interest in the equipment, and reserved the right to dispose of all equipment not actually being used by Murray. Claiming to act under this contract, appellant went into possession of the Carter lease in January, 1926, and attempted to operate the wells. During his operations some 4,500 feet of O^-inch casing was pulled from one of the wells, designated as No. 1, and was placed…