People v. Rogers

JAMES, J.

Appellant was convicted of the crime of obtaining money by false and fraudulent representations and pretenses. He appeals from the judgment entered after his conviction by a verdict of the jury. The evidence presented in the trial court and brought here under the alternative method of appeal tells a convincing story of the consumma

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tion of a barefaced scheme by which a working girl was defrauded of her savings to the amount of six hundred dollars. The complainant testified that she, together with a girl friend, desired to purchase the lease and furniture of some lodging-house which they might thereafter conduct. Through a friend they were introduced to this appellant, who appeared to be in the business of negotiating such deals; that appellant took them to a hotel which he said he could secure for them, and requested them to make a deposit so that he might bind the bargain. Thereupon he was given by the complainant a check for the sum of $25. Several days elapsed, at which time he reported to complainant that the negotiations were not entirely closed, and finally he reported that he was unable to make the deal for the house which he had exhibited, and told the complainant that he had another house which he wanted her to look at. This witness testified: “He told us that he had bought that place, he got that place, and he wanted us to go over and look at it; that he fell through with the other deal and he was going to give us that place instead of the Argus Hotel. . . . We went to see the place and it met with our approval. . . . He said the rent was $226, but he would get it for us for $150. He told us to move over there that night and take possession, that he would come over next morning and fix things.” The complainant and her friend did move into the lodging-house and attempted to take possession, hut they were ousted therefrom a few days later by the landlord. It appeared in testimony that the appellant neither acquired the ownership of the lease on the premises, nor the ownership of the furniture and furnishings. It further appeared that there were arrearages of rental due from the then tenant of the property to an amount in excess of four hundred dollars, which the landlord was insisting should be paid before he would consent to a transfer of the lease being made. The return of the money was demanded by the complainant, but the appellant did not return the same, and his arrest followed. It sufficiently appeared by every fair inference to be made from the oral testimony given that complainant relied upon representations as to the ownership of the lodging-house so made to her by appellant. It should be further stated that the total amount of six hundred dollars was paid over to appellant with intent that the money should be used in the purchase of the hotel