Green

The defendant was indicted, tried and convicted of the crime of obtaining money by .false pretenses, and sentenced to serve a term of seven years in the state prison. This is an appeal from the judgment and from an order denying defendant’s motion for a new trial.

The indictment and conviction were had under section 532 of the Penal Code, defining the offense of obtaining the property of- another by false pretenses, and providing for the punishment thereof.

For a clear understanding of the case a narrative of the transactions leading up to the commission of the alleged offense is necessary.

One Victor H. Clairmont invented an egg-preserving process whereby it was claimed that eggs might be preserved for an indefinite period. About March 1, 1911, he successfully demonstrated his patent in Santa Cruz to the poultrymen in that vicinity. He then left that place, but returned again on January 27th of the following year as the representative of Green, Foster & Lehmann, a copartnership doing business in San Francisco in eggs and other produce. The defendant was a member of said firm. On the return of Clairmont to Santa Cruz in January, 1912, Green accompanied him, and there met and…