Bender

Defendants were indicted by the grand jury of Los Angeles County and charged with three distinct offenses of embezzling money. McCandless, appel lant here, demanded and was granted a separate trial. He was found guilty on all three counts and presents this appeal from the judgment and order denying his motion for a new trial. It is the contention of appellant that the evidence is not sufficient to support the verdict of the jury on any of the counts, and also that the trial court erred to his prejudice in the admission of certain evidence.

It might be here noted that the case is now before us on rehearing after determination heretofore by this court. In our former opinion we reversed the judgment as to the first count and affirmed the judgment as to counts two and three. Appellant thereafter filed his petition for a rehearing on counts two and three. The petition was granted in general terms, that is to say, the order was made that a rehearing be granted, without reference to the counts. We do not feel that we would be precluded from again considering count one, but inasmuch as we have reached the same conclusion thereon we will not further discuss this perhaps interesting point…