Morphy

This is a prosecution for obtaining money by false pretenses, and the defendant, having been convicted, appeals from the judgment.

The indictment was demurred to on the ground that it does not state facts sufficient to constitute a public offense; and after conviction a motion in arrest of judgment was made on the same grounds. The indictment charges defendant: “With intent to defraud one John F. Copeland of his personal property, did unlawfully, knowingly, and designedly falsely pretend and represent to the said John F. Copeland that he, the said C. Morphy, did then and there represent a first-class wholesale grocery firm in the city of San Francisco; that he had no rent to pay and no expenses to pay, and that he could and would then and there sell and deliver groceries to the said John F. Copeland at the town of Hickman, in said Stanislaus county, twenty-five per cent cheaper than they could be purchased in Modesto, Oakdale, or Stockton, and that all groceries sold by him would be of first-class quality and of full weight and quantity; and the said John F. Copeland then and there believing said false pretenses and representations so made as aforesaid by the said C. Morphy to be…