Bender

The defendant was convicted of grand theft in having obtained by the use of false pretenses $2,000 from the complaining witnesses. The alleged offense arose out of a mining venture involving a lease of certain prop erties to be developed for the mining and reduction of cinnabar.

The essence of the offense sought to be charged lies in the obtaining of the money by means of false representations uttered with intent to defraud, and proof that those false representations were relied upon and caused the owner to part with his money.

In order to determine what, if any, were the false representations here relied upon for a' conviction, it is necessary to set forth portions of the testimony adduced at the trial. We have no instrument in writing containing the agreement of the parties for the understanding of the various parties was never reduced to a formal written contract. .

One of the .complaining witnesses testified as to a meeting with the defendant on April 29, 1931, that being the first that appears in the record, as follows:

A further conversation was had as to a retort for the smelting of the ores as testified to by one of the complaining witnesses: “We asked Mr. Bender in…