Stutsman

In each of two counts of an indictment defendant was charged with the commission of the crime of obtaining money by false pretenses. The jury returned a verdict of guilty as to one count and disagreed as to the other count. From a judgment of conviction and an order denying defendant’s motion for new trial defendant appeals to this court.

The evidence was sufficient to sustain the finding by the jury of the following facts: T. B. Young and Mrs. T. B. Young were the owners of certain mining claims located on the American River, in Placer County. On July 15, 1918, they executed an instrument in favor of defendant, of which the following is a copy:

Defendant testified that about the first part of November, 1918 (which was after the first payment on the foregoing offer would have been due had the offer been accepted), he arranged with Young to do the assessment work on the claims and look after the property, and that Young told defendant that defendant could take the property and handle it and organize it on any basis he saw fit, as long as the Youngs did not have to part with the title until they received the purchase price of $4,000. It was then orally agreed between defendant and…