People v. Hines

SHAW, J.

The defendant was tried and convicted on an information which charged him with the crime of obtaining money by false pretenses.

Defendant interposed a demurrer to the information, which was overruled and exception duly taken to such ruling.

The objection that the name of Fred Rickert was included in the information as one of the persons whom defendant intended to cheat and defraud is fully answered by section 956 of the Penal Code. He is not charged with defrauding

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Rickert, but merely that originally he intended to cheat and defraud him; and while it does not appear that he accomplished his purpose as to Rickert, his failure so to do does not affect the charge so far as Carter was concerned.

The information does not allege the purpose for which Carter paid the money to defendant, but this was unnecessary. It does sufficiently appear that he obtained the $200 then and there belonging to Carter, and whether it was by a loan upon credit established by the false pretenses, or by a purported sale, is immaterial. As to how the false pretense was calculated to defraud Carter was a matter to be shown in evidence.

(Brown

v.

State

(Tex. Cr. Rep.), [22 S. W. 22];

Thomas

v.

People,

34 N. Y. 351.)

The information shows that Carter was the owner of the money alleged to have been obtained by defendant, and since defendant did not own the restaurant and personal property represented to be owned by him, it is therefore immaterial who owned it.

Counsel for defendant calls our attention to the cases of

People

v.

Mahoney,