Wymer

The defendant was charged with obtaining money by false pretenses. The trial resulted in a verdict of guilty, and from the judgment of conviction, and sentence, defendant appeals, after motion for a new trial made and denied.

The information charged, and the complaining witness testified, that the appellant stated to her that he had a contract with the United States government to cut and supply wood in the Santa Cruz Mountains to be used by the United States army; that the contract was worth five thousand dollars to him; that he needed money from time to time with which to pay the men who were working for him in order to complete the contract, and asked the complaining witness to advance these sums to him, promising her to repay the money when the contract was complete. Believing and relying upon the representations, the complaining witness advanced various sums of money to the defendant at different times, amounting in all to four thousand dollars, which sum has never been paid. It was established at the trial that these statements were untrue; that defendant had no contract for cutting and supplying wood with the United States government, or, so far as the record discloses,…