People v. Bliss

LANGDON, P. J.

This is an appeal by the defendant from a judgment of conviction of the crime of obtaining money under false pretenses, and also from an order denying defendant’s motion in arrest of judgment. There are a number of grounds of appeal enumerated in the notice of appeal, but the appellant urges upon our attention but one of these matters, and as this objection, in our opinion, is decisive of the case, it will be unnecessary to discuss any of the others.

[1]

The objection is that the information fails in two respects to state facts sufficient to constitute a public offense-—first, because no causal connection is shown or can be inferred between the representations alleged to be false and the parting with the money; and, second, because the information fails to allege facts showing that the complaining witness, Lansdale, was defrauded.

The objection to the information is a matter of substance and not of form and was not waived by a failure to demur and was properly raised by the motion in arrest of judgment. (Pen. Code, secs. 1004, 1012, 1185;

People

v.

Ross,

103 Cal. 425, 428, [37 Pac. 379];

People

v.

Smith,

103 Cal. 563, 566, [37 Pac. 516];

People

v.

McKenna,

81 Cal. 158, [22 Pac. 488].)

The information alleges that the defendant made certain representations to W. R. Lansdale with fraudulent intent. The representations are then set out. In the brief filed on behalf of the state these allegations are summarized as follows:

“1. That defendant was the owner of a valuable mine in the state of Nevada known as the Lucky Girl group of mines ;

“2.

That said mines were of the value of one hundred thousand dollars.

1 ‘ 3. That defendant had on deposit in the Central National Bank of Oakland four thousand seven hundred dollars: