Foster

The appellant was found guilty by a jury of the crime of grand theft, a felony, and appealed from the judgment, entered accordingly.

Witnesses who testified on behalf of the People swore that Foster represented to prospective purchasers of a place of business in Los Angeles County that the daily returns therefrom were remunerative and profitable; that he induced them to observe from a near-by vantage point the large patronage of his establishment and to form their own conclusions as to the truthfulness of his said representations, stating that he received all of the custom from an adjoining hotel, and that the business was a success. In reliance upon such statements and apparently attractive clientele the complaining witness purchased appellant’s business. From evidence of the purchaser, certain patrons and others, and from actual accounts, it appeared that the custom during negotiations was principally fictitious, that appellant conspired with various persons to visit his store, with the agreement that he had “suckers outside in an automobile ready to buy”, and that no charge would be or was in fact made for service at such times. The earnings prior to the sale were much less…