Matters v. State,.

Plaintiff in error, hereinafter designated defendant, was prosecuted on an information containing two counts; the first charging embezzlement as agent; the second charging larceny as bailee. A trial resulted in defendant’s conviction on the first and acquittal on the second count. From a judgment imposing a prison sentence of from one to two years, defendant prosecutes error.

There are a large number of assignments of error, many of which are extremely technical. We shall consider such as seem to merit discussion.

Defendant demurred to the information, and at the close of all the evidence moved…