Wieger

Appeal from a judgment and from an order denying a new trial.

The defendant was convicted of the offense of obtaining goods by false and fraudulent pretenses. He was prosecuted under section 532 of the Penal Code, which denounces as criminal “ every person who knowingly and designedly by false or fraudulent representations or pretenses defrauds any other person of money or property.”

On the trial defendant testified in his own behalf to the effect that he had no intention when he obtained the goods of defrauding the Sharpless firm; that he fully intended paying for the goods, and felt perfectly sure of his ability to do so when the bill would become due.

The court instructed the jury upon the subject of criminal intent as follows:

The jury had already been told that to constitute the offense there must exist the intent to defraud, that there must be actual fraud committed and accomplished by the use of false pretenses, made for the purpose, and the owner must have been induced to part with his property by the fraud.

Counsel claims that this instruction is erroneous, and contrary to the statute, which he contends does not denounce as criminal obtaining goods by false…