Sheik

Defendant was convicted and sentenced on each of six separate counts of an indictment wherein he was charged with the crime of obtaining property, or money and property, by false pretenses. As to the last three of such counts, the trial court ordered that execution of the sentence be suspended. Defendant appeals from the entire judgment and from the order denying his motion for a new trial.

The transaction out of which the prosecution of defendant arose concerned the sale of stock in a mining company. In brief, defendant was charged with having made false representations with reference to several separate features connected with the matter, including statements that the corporation whose stock was being sold was under the direct supervision of the corporation commission; that no commission or bonus of any kind was being paid to any person for the sale of the stock; that defendant had invested $25,000 of his own money in the stock of the company, and that at the time defendant made the sale of the stock to the several persons named in the indictment one million dollars’ worth of ore was “blocked out,” or “in sight.”

It is first contended by appellant that the verdict by the jury…