People v. Smith

The appellant is charged in the information herein with having willfully and designedly defrauded one Kate Boyle of the sum of $100 by means of certain false and fraudulent pretenses and representations made to her for the purpose and with the intent of inducing her to purchase from him certain shares of the capital stock of a corporation known as the Altadena Mining and Investment Syndicate; and having been convicted thereof and afterward sentenced to confinement in the state prison at San Quentin for one year, has appealed therefrom.

The evidence set forth in the bill of exceptions was suffi- . cient to authorize the jury to find therefrom that on the 14th of August, 1903, the defendant sought to induce the said Kate Boyle to purchase, from him some shares of stock in the said corporation, and at that time represented and stated to her that the assets of the corporation amounted to $125,000 over and above all its liabilities, and that it had during the previous year paid a dividend of twenty-five per cent to its stockholders; that by reason of these representations and her belief in their truth she purchased the stock from him and paid him $100 therefor; that the…