Deyot

Defendant appeals from a judgment of conviction of the crime of embezzlement and from an order denying his motion for a new trial.

The only point on which appellant relies for a reversal of the judgment is that the evidence was insufficient to support the verdict.

Prom the record it appears that defendant had a contract or an option with certain stockholders of a corporation to sell their stock therein for a price of approximately $200,000, for which service defendant was to receive a fixed amount in cash and stock in the corporation; that in preparing to make such sale defendant apparently required some assistance in the way of ready cash, and in order to acquire same, or a portion thereof, he entered into a contract with one Marie Taylor by which, among other things, defendant agreed “that in consideration of Marie Taylor’s syndicating with him and investing the sum of $3,000 to assist in financing and acquiring a valuable interest with said company, he will return the investment of $3000 within twelve months from date, with interest at seven per cent per annum, and will cause to be issued, as the office of the Corporation Commissioner of California may direct, to said Marie…