Nesbitt

The defendant, Nesbitt, appeals from a judgment of conviction upon a charge of obtaining-property by false and fraudulent pretenses and representations. No demurrer was filed to the information, and it is now insisted that it is not sufficient to support the judgment.

The material allegations of the information are as follows: 1. The defendant willfully and feloniously, and with intent to defraud one M. L. Merry of his property, made to him certain false and fraudulent representations and pretenses; 2. These representations and pretenses were that he, the said defendant, and one Joseph Johnson were the owners of certain machinery consisting of boilers, engines, and pumps; that if the said M. L. Merry would execute jointly with said defendant and said Johnson a promissory note for the sum of five hundred dollars, he, the said defendant, and said Johnson would execute and deliver to said. M. L. Merry a bill of sale of said machinery as security for his joining in *329 the execution of said note; and then and there the said defendant, for himself and said Johnson, executed and delivered to said M. L. Merry a bill of sale of said machinery; 3. Said Merry, believing said statements,…