People v. Small

COOPER, J.

Judgment of imprisonment in the state prison was entered against defendant under an information charging him with having obtained possession of one hundred and three dollars by certain false and fraudulent representations set forth therein. He made a motion for a new trial, which was denied, and this appeal is from the judgment and order denying said motion. His contention is that the verdict is insufficient to sustain the judgment, and hence that he should be discharged.

The information charges the offense defined in section 532 of the Penal Code, which provides: “Every person who knowingly and designedly, by false or fraudulent representations or pretenses, defrauds any other person of money or property, ... is punishable in the same manner and to the same extent as for larceny of the money or property so obtained.” It is not necessary to give the information in full, or to enter into an analysis of it. It is sufficient for the purposes of this case that, in our opinion, it sets forth sufficient facts to constitute the crime defined in the section. It shows that the defendant unlawfully, knowingly, fraudulently, and with intent to cheat and defraud, obtained from one Perry one hundred and three dollars by certain false and fraudulent representations to the effect that he was the owner, free from all encumbrances or liens, of certain household furniture, which representations were untrue. The defendant pleaded not guilty to the offense charged.

The jury had the right, as the evidence might have justified, to find the defendant guilty of the offense charged in the information, or guilty of knowingly and designedly, by false and fraudulent representations or pretenses, of defrauding the said Perry of a less sum than one hundred and three dollars, or less than fifty dollars, or not guilty. The verdict

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was: “We, the jury, find the defendant William A. Small guilty of the crime of felony, to wit: obtaining money by false pretenses.”

This verdict is not responsive to the issue before the court, and is not sufficient to show that defendant ever committed any crime. The words “of the crime of felony” may be omitted, as it is not the province of the jury to say or determine the legal definition of the acts claimed to constitute a crime.