Wilson

A jury having been waived by him, defendant was tried by the court on an information charging grand theft. From a judgment of conviction and from an order denying his motion for a new trial he has appealed.

It is contended that the evidence is insufficient to sustain the judgment in that there was no evidence showing (1) an intent to defraud, (2) the perpetration of an actual fraud, (3) any material false representation made to the complaining witness, (4) that the money was obtained by any false pretenses inducing the owner to part therewith, and, further, that the complaining witness made an independent investigation of his own and did not rely on any representations made by appellant.

A. S. Vaughan, the complaining witness, a man seventy years of age and unemployed, testified that in answering an advertisement to the effect that a man could make from six to seven dollars a day painting awnings he went to the office of one Dietz, a broker on Hollywood Boulevard, Los Angeles, where he met appellant, who arranged to go to Vaughan’s home the next evening to talk things over; that appellant came to his home one evening thereafter and said he was making from eight to fifteen…