Anderson

From the evidence it appears that the offense was committed by means of fraudulent representations which induced the owner of the property to deliver possession thereof to the defendant without payment therefor. The defendant, using a false name, purchased from the complaining witness Washington, fifteen tons of hay at an agreed price of $18 per ton, and made said purchase as pretended agent of F. T. Fuller. The evidence indicates that there was no F. T. Fuller, and the address of Fuller in the city of San Diego, as given to Washington by the defendant, was not Fuller’s address. Defendant, after hauling the hay away from the premises of Washington, sent it to an address of his own in San Diego, and resold it for $21 per ton. It was only after this prosecution had been instituted that he paid for the hay.

Appellant’s assignments of error are as follows: First, that the value of the property obtained was not proved to exceed $200; second, that the evidence fails to establish that the fraud committed by the defendant caused Washington to part with his property; third, that there was no actual fraud committed; fourth, that the court erred in allowing testimony showing other hay deals…