Westlake

The defendant was indicted hy the grand jury of Monterey county for the crime of embezzlement, charged to have been committed hy him while tax collector of said county. The charging part of the indictment is, “Did then and there, to wit, on said seventh day of July, 1897, and in the county of Monterey, fraudulently and feloniously, and not in the due and lawful execution of his trust, employment, and duty as aforesaid, convert, appropriate, and embezzle the said public moneys to his own use, contrary to the form,” et cetera. The amount of money alleged to have been so embezzled was three hundred and seventy-one dollars, received between the first day of June and the seventh day of July, 1897.

Defendant was found guilty as charged, and sentenced to a term of ten years in the state prison. He made a motion for a new trial, which was denied, and this appeal is from the judgment and order denying his motion. The Penal Code, section 503, defines embezzlement as follows: “Embezzlement is the fraudulent appropriation of propery hy a person to whom it has been intrusted.” Section 504 is as follows: “Every officer of this state, or of any county, city, city and county, or other municipal…