Schmidt

The appellant was convicted on two counts of an information against him charging him with obtaining money by false pretenses. He has appealed from the judg ment of conviction and from an order denying a motion for a new trial.

The first count was based upon his obtaining five hundred dollars from one Maessel by falsely representing that he was the owner of land that he did not own, and contracting to sell an acre of it to Maessel and one Gofer; and the other count charges the obtaining of five hundred dollars from said Gofer in the same manner, in the same transaction, the said Maessel and Gofer joining in the contract with appellant to purchase the land. The information sets forth the false representations at length and with great particularity, and also sets up other false representations made to induce said Maessel and Gofer to part with their money. The most potent of such false representations, however, were those with reference to his alleged ownership of the land, and it is not necessary to consider the other representations, except as considered with the alleged ownership. The allegations of the information were sufficient to make it plain to defendant with what he was…