Fleshman

Defendant was convicted upon an' information charging him with the crime of obtaining money by false pretenses.

He appeals from the judgment and an order denying his motion for a new trial.

The material allegations of the information are that defendant, with intent to cheat and defraud it, represented to the American National Bank that it had theretofore made and executed a certain contract with the Parker Company, which he represented to be a corporation engaged in publishing a directory, designated as the Western States Business Gazetteer, which contract was in words and figures as follows: “Publishers’ regular Authorized Advertising Contract. Our advertisement and display classification being inserted by the publishers in this publication and appearing in the manner and form as hereby authorized by us, it is understood that our obligations cease with the payment of this amount, the same being the sum of $250, two hundred and fifty dollars. Copy of book not included in this charge. City of San Diego Canv. for 1914. Firm name, American National Bank. Ordered by L. J. Rice, Assistant Cashier”; and that by reason of said contract said bank was indebted to the Parker Company in…