People v. Haas

JAMES, J.

Defendant was charged with having obtained the sum of two thousand two hundred dollars of the money of Pearl P. Flynn and her husband, Thomas E. Flynn, by means of false and fraudulent representations and pretenses. A conviction resulted, and from the judgment entered upon the verdict of the jury an appeal has been taken.

But one point is presented for consideration: It is claimed that the information was insufficient to charge a public offense in that it failed to show causal connection between the representations alleged to have been made and the parting with the money by the complainants. The information set out that the defendant, with intent to cheat and defraud, designedly and feloniously represented to the complainants that he possessed supernatural powers by and through which he

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was able to communicate with the dead and to receive messages from the dead; that he pretended to go into a condition called a “trance” and that while in such condition he represented and pretended to receive a message from the dead mother of complainant Pearl P. Flynn by which message such mother of the said Flynn advised and directed Pearl P. Flynn to sell and dispose of all the property then owned and possessed by her and her husband and to invest the proceeds thereof with the defendant in accordance with his directions, and further, that by such spirit message the said Pearl P. Flynn was advised and directed to invest the proceeds of the sale of the property of herself and husband in property of the defendant, located at Banning, in the state of California; that the said defendant further represented that said property consisted of a number of lots, that the lots were level, with the exception of two small knolls thereon situated, and that the lands composing the same were fertile, subirrigated and would grow and produce crops and trees without irrigation; that all of the representations and pretenses so alleged were false and untrue to the knowledge of the defendant, and were made by him with the intent to cheat, deceive, and defraud complainants out of their money and property. That believing the said representations and pretenses to be true and relying upon the same, the complainant Pearl P. Flynn was induced to and did sell and dispose of the property owned by herself and husband and did pay over to the defendant the proceeds thereof, amounting to the sum of two thousand two hundred dollars. It is now claimed this information was insufficient because it failed to allege that the money was paid over as the purchase price of the real property alleged to have been owned by the defendant. In other words, that it was necessary to set out in the information specifically the purpose for which the money of the complainants was delivered to the defendant. The case of