Chrisman

Petitioner has asked this court for a writ of prohibition restraining the superior court from proceeding with his trial upon an amended indictment charging him with grand larceny, embezzlement, and obtaining money by false pretenses. When the original indictment was filed the defendant interposed a demurrer. This indictment was in nine separate counts, the first three charging grand larceny, embezzlement, and obtaining money by false pretenses, and all relating to the same transaction alleged to have occurred on November 1, 1921. The fourth, fifth, and sixth counts charged a commission of the same crimes in connection with a transaction alleged to have occurred on November 21, 1921. The seventh, eighth, and ninth counts charged the commission of the same crimes in relation to a transaction alleged to have occurred on December 5, 1922. The demurrer was sustained as to the third, sixth, and ninth counts—the three counts charging obtaining money by false pretenses. It was overruled as to all other counts. In the same order allowing the demurrer to these three counts the trial court directed the district attorney to file an amended indictment. Within the time allowed such an amended…