Waller

The defendant has appealed from the judgment herein and the order denying his motion for a new-trial. The parts of the information material here are as follows:

Though there are some contradictions, the evidence sufficiently shows the following facts. August 5, 1922, the defendant opened a store at Modesto for the sale of merchandise of the character described in the information. He deposited $5,400 in a bank in that city. In order to purchase goods on credit the defendant exhibited his bank-book, showing such deposit to a large number of wholesale merchants in San Francisco and Los Angeles, and, on the strength thereof, they sold him merchandise on credit to the value of many thousands of dollars. He continued to make purchases on credit for about three months after he commenced business, making partial payments from time to time on some purchases, but generally putting off payment on various pretexts. In the latter part of September the defendant placed a large sign in front of his store, reading as follows: “Everything being sold at factory prices. You will save 50% on all purchases.” One witness testified that before opening his store the defendant put up a sign reading:…