People v. White

[100]

HALL, J.

This is an appeal by the people from an order sustaining the demurrers of the defendants to an information drawn under section 532 of the Penal Code, and comes before us .upon a bill of exceptions duly settled.

The defendants were jointly charged, but demurred separately, the demurrers being both general and special.

We think the demurrers were properly sustained by the trial court. The information is quite long, and we do not think it necessary to set it out at length in order to make clear the point involved in the attack on the information. In substance it is alleged that the defendants, intending by false and fraudulent representations to obtain the personal property and money of J. M. Purrer, with intent to cheat and defraud said Purrer of the same, did “willfully and unlawfully, knowingly and designedly, falsely and fraudulently, pretend and represent to said J. M. Purrer that the Mutual Mercantile Company was a responsible business corporation, doing business at No. 121 Geary street, in the City and County of San Francisco; that the Mutual Mercantile Company would pay to the said J. M. Purrer one hundred dollars ($100) in lawful money of the United States of America, upon receiving from him one dollar ($1.00) in lawful money of the United States of America, a week for sixty-five consecutive weeks; that certain contracts in said Mutual Mercantile Company, known as Series A, and numbered 198, 199, 200, 232, 233, 234, 235, 236, 237 and 271, between the said Mutual Mercantile Company and the said J. M. Purrer, were each payable in the sum of One hundred dollars ($100.00) in lawful money of the United States of America at the end of sixty-five (65) consecutive weekly payments of One dollar ($1.00) in lawful money of the United States of America each.” Here follow other representations affecting the responsibility of said company, followed by proper allegations of the falsity of the various pretenses and representations, and of the knowledge thereof of defendants. It is then in substance alleged that said Purrer believed said false representations and pretenses, and was induced thereby to deliver to, and did deliver to, the defendants at the city and county of San Francisco, $87 during the months of May and June, in the year 1905, of the money of said Purrer.

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