People v. McLean

COOPER, C.

Defendant appeals from a judgment convicting him of the crime of embezzlement and from an order denying a new trial. Certain errors of law are urged, which we will notice in their order.

1. It is claimed that the proof shows a fatal variance from the charge in the information. The information charges that the defendant, as agent and bailee of one Cohn, was intrusted with certain jewelry, therein described, to be sold by defendant, and the proceeds thereof, or the property, returned to Cohn. That defendant did feloniously embezzle the said jewelry and convert the same to his own use,…