People v. Keach

CONREY, P. J.

Defendant was convicted of the crime of obtaining property by false pretenses, contrary to the provisions of section 532 of the Penal Code; and he now appeals from the judgment and from an order denying his motion for a new trial.

The information alleges that one George Yost, being the owner of seventeen tons of hay of the value of one hundred and fifty-three dollars in gold coin of the United States of America, delivered the same to the defendant under an agreement of purchase, receiving in payment a certain lease-note purporting to be secured upon two mules described therein. The misrepresentations of fact need not be recited herein, but they related to facts affecting the value of the note and the value of the mules. The verdict of the jury stated that “We the jury in the above-entitled action find the defendant Arthur Keach, guilty as charged in the information, and find the value of the property $150.”

[195]

Appellant refers to section 678 of the Penal Code, which provides that, “Whenever in this code the character or grade of an offense, or its punishment, is made to depend upon the value of property, such value shall be estimated exclusively in United States gold coin,” and claims that the verdict is not supported by the evidence for the reason that the value of the property was not found by an estimate made in United States gold coin; and further, that there is no evidence tending to prove the value of the hay to be one hundred and fifty dollars, and that the valuation was pure guess work on the part of the jury.

The statement in the verdict concerning the value of the hay was an immaterial addition so far as the requirements of a verdict are concerned.

(People

v.

Millan,

106 Cal. 323, [39 Pac. 605];

People

v.

Hines,

5 Cal. App. 125, [89 Pac. 858].) It was sufficient for the jury to find that the defendant was guilty as charged in the information.