Lapique

Defendant was informed against for the crime of obtaining money under false pretenses, and upon conviction was sentenced to ten years in state’s prison.

The errors upon which a reversal of the judgment is urged on this appeal are the following: (1) The denial by the trial court of defendant’s motion to set aside the information; (2) the overruling of defendant’s demurrer to the information; (3) the refusal of the trial court to permit the defendant to investigate the regularity of the drawing of the jury; (4) the denial of defendant’s challenge to the panel; (5) the denial of defendant’s motion to instruct the jury to acquit because of a variance in the false representations alleged and those proven; (6) the refusal of the court to give certain instructions requested by the defendant, and its failure to distinguish by indorsement the instructions given, refused, and modified; and (7) misconduct of the district attorney in making statements in the presence of the jury touching the former prosecutions of the defendant.

The error assigned in respect to the motion to set aside the information is that the district attorney did not file an information for the same offense for which…