Rose

By an information filed in the superior court of the county of Sacramento on the thirty-first day of March, 1919, defendant, William Rose, and one Nicholas Kinominas (whose name appeared later to be Kintominas) were charged with having obtained money by false pretenses from one Peter Hassouros (whose name also appears in the record as Hassouras). The defendant, Rose, had a separate trial, was convicted by a jury, and was sentenced to imprisonment in the state prison. He prosecutes this appeal from the judgment of conviction and from an order denying his motion for a new trial.

The prosecuting witness, Peter Hassouras, was in the restaurant business at 126 J Street, in the city of Sacramento. He testified that he first met the defendant about the eleventh day of January, 1919, and got to know him fairly well. On the thirty-first day of January, 1919, Rose asked him to indorse a check, which he presented to him, and which was in the words and figures following, to wit:

Said check was indorsed: “George Pappas.” Hassouras went with defendant to the California National Bank, both parties indorsed the check, the bank paid to Hassouras two hundred dollars, and he handed the same to…