Boyd

The defendant was convicted of the crime of obtaining money under false pretenses. He was specifically charged with having falsely represented to one Julia C. Cother that he owned 320 acres of fertile land in the state of Nevada, containing numerous artesian wells, with an abundant supply of water; that the value of said property was $7,000, and that his title was good and valid. The information then charges that none of such representations was true, but that the said Julia C. Cother believed them to be true, and was thereby induced to deliver to the defendant the sum of $1,500.

The grounds of this appeal are: (1) That the evidence is insufficient to support the verdicts; (2) that certain evidence was improperly admitted, and (3) variance between the allegations of the information and the proof.

In connection with the first proposition, appellant asserts that there was no evidence to show an intent to defraud. To establish the offense charged in the information such an intent must be proved, for it is an essential element thereof. However, this is a fact which from its nature must usually be established inferentially. The question of intent is one of fact to be determined by…