Hall

Appellant Hall, alias E. C. Rice, was jointly tried and convicted with Thomas J. Lewis, alias Leo A. De Grasse, of the crimes of attempt to commit grand theft and conspiracy to commit the same. This appeal is from the final judgment of conviction and from orders denying each of defendants a motion for a new trial. As one of the points relied upon for a reversal is that there was no proof of falsity of alleged representations, a somewhat extensive review of the evidence becomes necessary.

Defendant Lewis, operating under the assumed name of Leo A. De Grasse, introduced himself to one Prank W. Stine and his wife, who were traveling in their automobile across the continent. Lewis presented his card, which indi cated he was a director of the Fox Film Company. Upon arriving in Oakland Lewis suggested that they all stop at a certain hotel. This they did. Shortly thereafter, while Stine and his wife were sitting in the lobby talking to Lewis, appellant Hall appeared and was introduced to the Stines as a betting commissioner for a rich man. Lewis and Hall, in the presence of Stine and his wife, then began talking about betting on horse-racing. Hall stated that he had been in the business…