NOBLE, Justice.
The defendant, John H. Morris, was charged in Curry County, New Mexico, by information with having embezzled $1,482.35 while being entrusted with the same by fraudently converting the same to his own use, contrary to the provisions of Section 40-45-19, N.M.S.A. 1953 Comp. After trial before the court without a jury, the record discloses that no formal judgment or sentence was entered by the court but the following statement by the court appears:
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