Keach

Defendant was convicted of the crime of obtaining property by false pretenses, contrary to the provisions of section 532 of the Penal Code; and he now appeals from the judgment and from an order denying his motion for a new trial.

The information alleges that one George Yost, being the owner of seventeen tons of hay of the value of one hundred and fifty-three dollars in gold coin of the United States of America, delivered the same to the defendant under an agreement of purchase, receiving in payment a certain lease-note purporting to be secured upon two mules described therein. The misrepresentations of fact need not be recited herein, but they related to facts affecting the value of the note and the value of the mules. The verdict of the jury stated that “We the jury in the above-entitled action find the defendant Arthur Keach, guilty as charged in the information, and find the value of the property $150.”

Appellant refers to section 678 of the Penal Code, which provides that, “Whenever in this code the character or grade of an offense, or its punishment, is made to depend upon the value of property, such value shall be estimated exclusively in United States gold coin,” and…