People v. Campbell

BARNARD, P. J.

The defendants were charged, under subdivision 4 of section 182 of the Penal Code, with having conspired to obtain property by false promises with fraudulent intent not to perform such promises. Following a conviction by a jury the trial court granted a motion in arrest of judgment. From the order granting this motion the People have appealed. The evidence is not before us and the only matter presented is as to the sufficiency of the information.

The charging part of the information reads as follows:

“The District Attorney of the County of Imperial hereby accuses Lee Campbell and C. A. Switzer of a felony, to wit, Criminal Conspiracy, in that on or about the 2'0th day of November, 1932, in the County of Imperial, State of California, the said Lee Campbell and C. A. Switzer unlawfully conspired, agreed and confederated together to obtain property by false promises with fraudulent intent not to perform such promises.

“In the furtherance of said conspiracy said defendants, Lee Campbell and C. A. Switzer, in the County of Imperial, State of California, stated to said George M. Conley, in substance that they would purchase mixed hay from said George M. Conley, and that the said Lee Campbell would send with the truck driver hauling said hay, a check in payment thereof, and that in furtherance of the said conspiracy, the said Lee Campbell did cause to be delivered to said George M. Conley after securing said Hay, a check in the sum of One Hundred Dollars ($100.00), which said check was delivered to said George M. Conley by defendant C. A. Switzer, and which said check purported to be signed by one Chas. McCabe; and that at the time defendants Lee Campbell and C. A. Switzer made the promises aforesaid, the defendant Lee Campbell well knew that he did not have sufficient funds in or credit with the bank upon which said check was drawn, to meet the same in full and well knew that said check would not be paid when presented and that the promises made by said defendants to said George M. Conley to pay for said hay were made knowingly, unlawfully and fraudulently and with a fraudulent intent then and there not to

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perform said promises or any thereof, and that there was not in the bank upon which said check was drawn, sufficient funds or credit in or credit with said bank to meet said check in full.