Leonard

The appellant, H. M. Leonard, was convicted of the crime of embezzlement, and adjudged to suffer imprisonment in the state prison for the term of three years.

He appeals from the judgment, from an order denying his motion for a new trial, and from an order refusing to arrest the judgment. The indictment avers that the defendant, on the eighth day of May, 1893, at the county of Santa Clara, state of California, was “ an officer, manager, and servant of the Bank of Santa Clara, a corporation duly created, organized, and existing under and by virtue of the laws of the state of California.”

The indictment then proceeds to charge in apt and usual language that there came into the hands of said defendant as such officer, etc., the sum of eight thousand three hundred and eighty-four dollars and seventeen cents, which he then and there feloniously appropriated to his own use, etc.

The first specification of error by appellant relates to the modification of an instruction asked by defendant and given with an addition made thereto by the court on its own motion.

The instruction is as follows:

It will be observed that the instruction as asked by the defendant involved, as an essential…