Leavens

The defendant was charged in the information with the crime of obtaining $1,442.75 in lawful money of the United States from one Norwood on the sixth day of February, 1909, knowingly, designedly and by falsely and fraudulently representing to said Norwood that he, the defendant, was then and there the owner of $5,000 of the capital stock of the Sandstorm Mining Company, a corporation organized under the laws of the state of South Dakota and doing business in the state of Nevada.

The jury returned a verdict of guilty as charged, whereupon judgment was entered to the effect that defendant be imprisoned in the state prison at San Quentin for the term of eighteen months. He made a motion for a new trial, which was denied, and this appeal is from the judgment and the order.

It is not claimed that there is an insufficiency of evidence in the record to sustain the verdict, but it is contended— and is the main contention here—that there is not sufficient evidence outside of the evidence of one Chaney, an accomplice, to justify the verdict.

The evidence of Chaney is to the effect that in February, 1908, he was the bookkeeper of the corporation, and resided in the town of Goldfield, in…