Woods

Defendant appeals from a judgment convicting him of the crime of obtaining money under false pretenses.

The information under which appellant was prosecuted alleged that he had obtained from the prosecuting witness m the case, pursuant to certain fraudulent misrepresentations he had made to her, a certain sum in lawful money of the United States. The evidence showed without dispute that he had received from her two checks which totaled the amount alleged. Appellant contends that the trial court erred in refusing to instruct the jury “that unless you believe from the evidence that the cheek [sic] which was given to the defendant . . . was cashed (by the defendant) and that the defendant received the money, then you will find the defendant not guilty.” This instruction was doubtless requested for the reason that there is in the record some evidence tending to show that appellant was not the owner of the real property which was the subject of his misrepresentations, that he sold it to the complaining witness as the agent of a third party and that he received merely a commission for making the sale. The requested instruction, however, does not correctly state the law. The fact that…