Harris

Everett Monroe Harris, a storekeeper of Exeter, was convicted of embezzlement as alleged in count II of the information. The victim of his felonious wrong-doing was Western States Money Orders, Inc., which had previously named the defendant in an agreement with him as one of its agents for the sale of money orders.

In the original information, the defendant was charged with four felonies:

*508 Mary Harris was found not guilty, and Thomas R. Leach, as relative immunity, was given probation including, as a condition, a short term in jail for his guilty participation in count II. The court in the case found Harris guilty of counts I and II, but not guilty of counts III and IV. The defendant, through his attorney, made a motion for a new trial, which was denied. The trial judge, after considering the probation officer’s report and after suspending imposition of sentence for five years, stated that such time would be considered the term of probation; as conditions for probation, the defendant was committed to the custody of the Tulare County sheriff for 240 days, less 19 days for which credit was given, and was ordered to make restitution in the amount of $2,941.65, of which $41.97…