Pearson

This is an appeal by the defendant from a judgment of conviction of the crime of obtaining money by false pretenses.

The outstanding facts appearing in the record are that defendant had contracted to build a home in Oakland, California, for the prosecuting witness, Mrs. Keller. The contract provided for installment payments upon the cost of the building as the work upon the same progressed, the last payment of $1,063 to be made only upon completion of the building, when the owner had accepted the same and the defendant had produced evidence that all bills and claims were fully paid. When the building was about completed, the defendant came to Mrs. Keller and asked for $700 or $800 of this last payment, all payments due prior to that time having been made. She objected to giving him this money unless she was assured that all bills were paid. Defendant told her that all bills had been paid and presented her a list of the materialmen with whom he had dealt, and told her to telephone to them and ascertain whether or not the bills had been paid. This list contained notations after each name, indicating that all were paid except the Oakland Planing Mills, the defendant’s father, who…