Scott

In the information filed against him, defendant was charged with “selling land twice in violation of section 533 of the Penal Code of California.” It was particularly set forth that, “on April 13, 1911, the defendant held in trust for one Victor E. Campbell the legal title in and to all of” certain lands situated in the state of Oregon ;■ that thereafter, on said date, the defendant “bartered, agreed to sell and executed an agreement for the sale of said lands and premises to one M. J. Humphrey,” which agreement is set out in full, providing for the exchange of said Oregon lands designated as “Class No. 1,” for certain lands in Santa Cruz County, California, which are described and designated as “Class No. 2,” and also “That the party of the first part” (C. T. Scott) “is to give $3,000”; that immediately after the execution of the agreement the defendant executed a conveyance of the lands of “Class No. 1” to said M. J. Humphrey and “a deed was duly executed in the county of Santa Cruz conveying unto the said Cary T. Scott all of the real estate set forth and described in ‘Class No. 2’ of said agreement” and that said deed to Scott, “on or about the 13th day of April, 1911, was…