George

People v. George

Good Law
1925 Cal. App. LEXIS 155·74 Cal. App. 440·241 P. 97
Court of Appeal of CaliforniaSeptember 29, 1925Docket No. 1194.California8,041 words

Opinion

Lead Opinion

Works, J.

Defendant W. N. George and others were charged by indictment with the crime of conspiring to obtain money by false pretenses. All of the defendants except Hughes were convicted. Defendant George appeals from the judgment of conviction.

The indictment, shortened by the omission of formal matters and of allegations which are not material to the inquiry upon which we now embark, was in the following language:

This pleading was demurred to and the demurrer was overruled. It is now contended that it should have been sustained.

Section 182 of the Penal Code provides, in part: “If two or more persons conspire: ... To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform such promises; ... . ” they shall be punished in a certain manner. Section 184 of the same enactment reads: “No agreement amounts to a conspiracy, unless some act, beside such agreement, be done within this state to effect the object itself, by one or more of the parties to such agreement and the trial of cases of conspiracy may be had in any county in which any such act be…

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