Bidleman

Appellant is charged with the embezzlement of seven thousand four hundred and eighty-six dollars and sixty-three cents, the moneys of D. V. B. Plenarie, doing business under the firm name of E. Martin & Co., in the city and county of San Francisco, and was found guilty of the embezzlement of seven hundred and seventeen dollars and sixty-five cents, part of the sum charged in the information, and was sentenced to imprisonment for the term of four years. His motion for a new trial having been denied he appeals from the judgment and order denying a new trial.

Appellant contends that the verdict is not justified by the evidence, and, under this head, specifies certain particulars, which will be briefly noticed.

The evidence shows very clearly, and without conflict, that many bills for goods sold to customers were collected by defendant, all of which collections, with one or two exceptions, were credited to the personal account of the customer on the ledger, but were not entered upon the cash-book, nor charged to the personal account of the defendant, nor in any manner accounted for or paid over to his employer.

To meet and avoid the effect of these facts it is claimed *611 that the…