MacE

The defendant was convicted of the crime of obtaining money by false pretenses. This appeal is from the judgment and the order denying his motion for a new trial.

The false pretenses alleged in the indictment are that the defendant “did . . . pretend and represent to the said H. L. Preston that he, the said R. D. Mace, wanted to borrow from him, the said H. L. Preston, the sum of twelve hundred dollars, for the purpose of making a final payment upon a certain X-ray machine, and certain medical and surgical instruments, then and there in the possession of him, the said R. D. Mace; that he, the said R. D. Mace, was solvent; that his liabilities did not exceed the sum of two thousand dollars; that it was his present intention, and that he would, upon receiving the said sum of twelve hundred dollars from the said H. L. Preston, as aforesaid, make final payment upon said X-ray machine and certain medical and surgical instruments aforesaid, and secure title thereto, and that upon receiving title thereto he would immediately make and execute a chattel mortgage upon said X-ray machine and said medical and surgical instruments aforesaid to him, the said H. L. Preston, as security for said…