Rippe

The information originally filed against the defendant in this case attempted to charge him with the crime of felony, viz., obtaining money by false pretenses. The charging part of the information in substance alleged that the defendant willfully and knowingly, by certain false and fraudulent representations, induced certain parties to sign a promissory note, payable to the Farmers’ National Bank of Fresno, in the sum of $250, and that they were thereby “defrauded, damaged, and prejudiced.” It will be noted that the information did not allege, nor attempt to allege, that the note in question had ever been delivered to the payee. No demurrer, however, was interposed to the information, and upon his arraignment the defendant pleaded “not guilty.” When the case came on for trial, and before the impanelment of the jury, the district attorney called the attention of the trial court to the fact that the information failed to allege that the defendant had actually obtained possession of the note which was the subject matter of the alleged false pretenses, and thereupon asked leave to file an amended information, which would cure the obvious defect in the original information, by an…