People v. Stutsman

HOUSER, J.

In each of two counts of an indictment defendant was charged with the commission of the crime of obtaining money by false pretenses. The jury returned a verdict of guilty as to one count and disagreed as to the other count. From a judgment of conviction and an order denying defendant’s motion for new trial defendant appeals to this court.

The evidence was sufficient to sustain the finding by the jury of the following facts: T. B. Young and Mrs. T. B. Young were the owners of certain mining claims located on the American River, in Placer County. On July 15, 1918, they executed an instrument in favor of defendant, of which the following is a copy:

“American River, Cisco, July 15, 1918.

“This is to certify that we, the undersigned owners of two certain gold placer mining claims known as the Gypsy Queen and the Hidden Treasure, situated on the north fork of the American River, at the intersection of the Sailor Ravine, hereby agree to deliver the same by good and sufficient deed, free from mortgage and incumbrance, to W. A. Stutsman, or his assigns, for the sum of Four Thousand Dollars, upon the following terms: Two Thousand Dollars on or before Sept. 15, 1918; One Thousand Dollars on or before Dec. 15, 1918; One Thousand Dollars on or before March 15, 1918.

“It is understood that W. A. Stutsman is to arrange his commission or profit on the sale over and above the Four Thousand Dollars herein stipulated. The price and profit to be so set and arranged by said Stutsman.

“Said deed to the Hidden Treasure to be signed by T. B. Young.

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“Deed to the Gypsy Queen to be signed by Mrs. T. B. Young.

“ (Signed) T. B. Young.

“Mbs. T. B. Young.”

Defendant testified that about the first part of November, 1918 (which was after the first payment on the foregoing offer would have been due had the offer been accepted), he arranged with Young to do the assessment work on the claims and look after the property, and that Young told defendant that defendant could take the property and handle it and organize it on any basis he saw fit, as long as the Youngs did not have to part with the title until they received the purchase price of $4,000. It was then orally agreed between defendant and Young that a deed of the property to defendant would be executed by the Youngs and placed in escrow, with instructions that no title pass until the full amount of $4,000 was paid to the grantors. About six months later, that is, on May 24, 1919, the Youngs signed an instrument by which they agreed “to deliver by good and sufficient deed, relinquishing all our right, title and interest therein to W. A. Stutsman, to own and control thereafter, upon the fulfillment of the terms as herein set forth, viz.: