Martin

People v. Martin

Good Law
102 Cal. 558·1894 Cal. LEXIS 686·36 P. 952
Supreme Court of CaliforniaMay 31, 1894No. 21030California2,474 words

Opinion

lead Opinion

Garoutte, J.

The appellant was convicted of obtaining money and other personal property from one Sarah E. Leonard by false and fraudulent pretenses. The information is laid under section 532 of the Penal Code, and the false pretenses upon which it is based consisted in the representations to said Leonard by the defendant that a judgment in a large sum of money had been obtained against her in the state of New York, and that her property would be seized and sold to satisfy such judgment. The information further states that said Leonard believed such statements, and, so believing, and in order to avoid the application of her property to the satisfaction of such judgment, she was induced to, and did, transfer and deliver said property to defendant.

The information contained various allegations other than those just noticed, and a demurrer was offered thereto upon various grounds; but we think the information well drawn,'and our consideration of the alleged defects therein will be limited to the contention of appellant that the allegations we have in substance *563 quoted therefrom constitute a bar to the prosecution of the accused. Possibly the state might be barred from conducting a criminal…

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