Ryerson

By information, defendants were charged with obtaining money by false pretenses from the Butte County Welfare Department, between May 1960, and September 23, 1960, in violation of Penal Code section 484. The jury returned a verdict of guilty as charged. Thereafter, defendants’ motion for a new trial was granted, and the state now appeals from that order.

From the memorandum opinion of the trial court, which was included in its order granting defendants’ motion, it appears that the basis for the court’s action was that it believed that since sections 1500 et seq. of the Welfare and Institutions Code refer to prosecutions for other crimes (particularly perjury), but do not specifically provide for prosecutions in aid to needy children cases under Penal Code section 484, therefore, the legislative intent is that none shall lie. Secondly, it appears that a further basis for the action of the trial court was that it was of the opinion that the determination exercised by welfare department employees in approving applications for assistance was wholly discretionary with said employees and did not necessarily include reliance upon statements and actions of the defendants to the extent of…