Fyfe

The state appeals from a judgment of dismissal entered after defendant’s demurrer was allowed to a second amended information.

On June 15, 1928, an information was filed charging the defendant with the crime of obtaining $3,000 by false pretenses. This information alleged that on or about the eighth day of July, 1925, the defendant made certain representa tions to Max L. Rosenfeld as to his ownership of stocks and contracts, some of which were alleged to have been false, and. that relying upon said representations the said Rosenfeld delivered to the defendant the sum of $3,000. A demurrer to this information was sustained upon the authority of People v. Canfield, 28 Cal. App. 792 [ 154 Pac. 33 ], and other cases holding that an information is insufficient when it fails to show a causal connection between the- payment of the money and the representation.

Leave to amend having been granted, the district attorney on August 11, 1928, filed an amended, information framed in two counts, the first charging grand theft of the sum of $15,000, in the language of section 484 of the Penal Code, as amended in 1927 [Stats. 1927, p. 1046], and the second count charging the offense of obtaining…