Moore

pro tern. — The defendants were convicted under six counts of the indictment, each count charging the crime of obtaining money by false pretenses. They prosecute this appeal from the judgments and from orders denying motions for new trials.

It is claimed by the appellants that their general and special demurrers to each count should have been sustained. Count one of the indictment is similar to the other counts, differing only as to dates, names of the complaining witnesses, amounts received, and other minor details. The indictment was presented and filed on the second day of February, 1926. In count one it is charged that on or about the twenty-second day of May, 1924, the defendants falsely represented to the complaining witness, Mrs. H. L. Dunning, that they were the owners of a company known as Economy Home Builders; that the defendants were the owners of a tract known and described as tract No. 4901, and owned said tract free and clear of encumbrance; that they owned forests and sawmills, a furniture factory and a furniture warehouse; that if Mrs. Dunning would pay to the defendants the sum of $1,366.67, “that the defendants were in a position to and would turn over, convey…