W. M. HOPKINS, plaintiff in error, hereinafter referred to as defendant, was convicted of embezzlement, and prosecutes this writ, assigning as error: (1) Denial of motion for change of venue; (2) denial of motion for mistrial; (3) admission of improper evidence; (4) remarks and comments of trial judge during the course of the trial and in the presence of the jury; (5) refusal to give tendered instructions, and also the giving of an instruction, and (6) denial of motion for directed verdict.