Murray

Defendant was convicted of the crime of obtaining property by false pretenses. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.

Pursuant to the preliminary examination, which resulted in the filing of information against appellant, the committing magistrate held him to answer on a charge of procuring money under false pretenses. The information which was filed thereafter charged him with that offense and with two others, the pleading consisting of three counts. At the trial, under a claim that they had first been informed of the contents of the information immediately before the hearing commenced, the counsel for appellant asked leave to withdraw a plea of not guilty, which had theretofore been entered, for the purpose of moving to set aside the information. The request was refused and it is contended that the court abused its discretion in not granting it. The courts of review of the state have decided in many cases, among which is People v. Nogiri, 142 Cal. 596 [ 76 Pac. 490 ], that a district attorney has no power to file an information charging an offense different from that for which a defendant is held to…