Kahler

Defendant was convicted upon an information charging him with the crime of obtaining money under false pretenses. He prosecutes this appeal from the judgment and an order of court denying his motion for a new trial.

The offense with which defendant is charged is alleged in the information to have been committed-as follows:

Continuing, it is alleged that “each and all and every of the said representations and pretenses so made by the said W. T. Kahler to the said Richard J. Cogan were then and there false and untrue, ’ ’ to the knowledge of Kahler.

Defendant’s demurrer to the information, upon the grounds that it not only failed to state facts which constituted a public offense, but failed to conform to the requirements of sections 950, 951, and 952 of the Penal Code, was overruled. It should have been sustained.

The only fact which it is alleged defendant represented to exist is that he had contracts for furnishing orchestras for certain cafes and theaters. That part of the information which we have designated “ (2) ” consists merely of promises made by defendant, together with the statement that he sold to Cogan a set of drums and traps for the use of his minor son. It is not…