Canfield

Defendant was indicted for obtaining money by false pretenses. His demurrer, interposed upon both general and special grounds, was sustained, and from the judgment following such ruling the people appeal.

The indictment is quite lengthy, the substance thereof being that defendant, with intent to defraud Caroline Schertz, Flora B. Schertz, Ernest H. Lockwood, and Title Insurance and Trust Company, a corporation, out of their, and each of their, money, represented that he was Helmer E. Rabild, the owner and legal holder of a certain promissory note of the face value of ten thousand dollars, made by one Justin E. Cook to him, said Helmer E. Rabild, payment of which was secured by a mortgage duly executed by said Cook upon certain real estate in Los Angeles County, which real estate it was represented had been conveyed to one Earl M. McLaughlin, and that seven thousand dollars had been paid upon the principal of said note, and three hundred and fifty dollars paid on account of interest accrued thereon; all of which representations so made to said persons, it is alleged, were at the time made, false and known by defendant to be false and untrue; “that by reason of the aforesaid false…