Walker

Defendant was charged with the crime of obtaining money by false pretenses. She was convicted of the charge and now appeals from the judgment and from an order denying her motion for a new trial.

On August 3, 1922, at the city of San Diego, defendant, who claimed to be a “divine healer,’’ sold to the complaining witnesses, G. W. Elgin and Mary E. Elgin, husband and wife, a half interest in the “divine healing business” then being conducted by defendant at San Diego. The parties entered into a written contract whereby it was agreed that the profits of the business should be divided equally between defendant, as the party of the first part, and the Elgins, as the parties of the second part. At the same time G. W. Elgin paid defendant the sum of one thousand five hundred dollars for the half interest so purchased by him and his wife. It is charged in the information that the payment of this sum was induced by seven false pretenses, alleged to have been made by defendant to the Elgins. These pretenses, as set out in the information, are as follows: (1) That defendant was then and there a “divine healer”; (2) that she then and there had patients, suffering from confining illnesses,…