Ballard

This is an appeal hy the defendant from a judgment convicting him of a felony, to wit, obtaining money by false pretenses. The record presents the following facts, which appellant contends' are insufficient to sustain the verdict of guilty:

About April, 1922, defendant met the complaining witness, Johnsen, upon a ferry-boat traveling between San Francisco and Oakland. Johnsen was a deck-hand and defendant was a passenger on the boat. Defendant engaged Johnsen in conversation and inquired if he had any money. Johnsen said he had about $2,000 in the bank and was getting four per cent interest upon it. Defendant told him that he, Johnsen, was getting too old to work such long hours and said: “I can make it better for you than that, and if you come to my office for every dollar you invest, I guarantee next October you will have to work no more. Johnsen said he couldn’t come to defendant’s office because he had no leisure time. Defendant inquired where he lived and was given the address. The following day defendant called at Johnson’s home and said: “Mr. John-sen you come down; we are having a stockholders’ meeting today. Tou dig up a thousand dollars and by October you will have $5…