Emmons

The defendant was convicted of the crime of obtaining money by false pretenses, and sentenced to a term of six years in the state prison at San Quentin. He prosecutes this appeal from the judgment and from the order denying his motion for a new trial.

It is contended that the court erred in overruling the defendant’s demurrer to the indictment and also in denying his motion in arrest of judgment. As each of said contentions depends upon the question as to whether or not the indictment states facts sufficient to constitute a public offense, we will consider them together.

The way, and the only correct way, to determine the sufficiency of an indictment is to take its language in its ordinary accepted meaning, and its statements as to the matters and things that defendant did, and then compare them with the statute which it is claimed has been violated, for the purpose of determining the question as to whether or not the defendant is charged in plain language with having done a particular act or thing which is made a crime by the statute. (People v. Schmitz, 7 Cal. App. 330 , [ 94 Pac. 407, 419 ].) The Penal Code (section 532) provides that every person who knowingly, by any false…