People v. Reed

Searls, C. The defendant was indicted in the county of Sacramento, upon a charge of obtaining property by false pretenses, under section 532 of the Penal Code, and was tried and convicted.

This appeal is from the judgment of conviction, and from an order denying a motion on the part of defendant for a new trial.

The indictment charges that the defendant, at the county of Sacramento, in September, 1885, falsely and fraudulently, and with the intent to defraud one Samuel Purrington of his property, represented to said Purring-ton that he, the said defendant, was then and there the owner and patentee of a certain patented mechanical invention known and called a mechahical motor; that one Frances Purrington, the mother of said Samuel Purrington, who was in San Francisco, had authorized and directed defendant to tell her son Samuel that she, the mother, had within a few days theretofore purchased [530]from defendant for her said son Samuel the patent right of and for said invention for the county of Sacramento, and that she desired the said Samuel to agree to said purchase, and to pay defendant therefor one thousand dollars, by executing and delivering to defendant his promissory note therefor, payable to defendant, and to do all things necessary to said purchase; and Samuel Purrington, believing said statements, and being deceived thereby, was induced to deliver to, and did then and there execute and deliver to, said defendant “ his, said Samuel Purrington’s, promissory note for the sum of one thousand dollars, .... payable to said defendant, said note being then and there of the personal property of said Samuel Purrington, .... and of the value of one thousand dollars,” and thereupon defendant pretended to consummate the purchase by executing and delivering to Purrington a bill of sale of the patent right for the county of Sacramento.

The indictment then proceeds to aver the falsity of defendant’s representations, etc., allegations not important to any question raised.

At the trial, the testimony showed without conflict or contradiction that the bill of sale of the patent right was executed and delivered to Samuel Purrington and Lincoln Purrington, and that the promissory note was dated March 30, 1885, was for one thousand dollars, payable in six months from date, and was the joint note of Samuel Purrington and Lincoln Purrington, both of whom executed it; and that no other note for one thousand dollars was ever made to defendant by them or either of them.