Millan

People v. Millan

Good Law
106 Cal. 320·1895 Cal. LEXIS 605·39 P. 605
Supreme Court of CaliforniaMarch 9, 1895No. 21150California408 words

Opinion

lead Opinion

The appellant was charged with defrauding another of money by reason of certain false and fraudulent pretenses and representations, and upon being convicted has appealed to this court upon the judgment-roll alone. Among other things the information charged that the prosecuting witness was induced to loan the defendant, Millan, eight hundred and thirty-one dollars, lawful money of the United States, upon the representations that two certain bars of metal, which the defendant produced and turned over to the prosecuting witness as security for the loan, were gold, when in fact they were but brass.

1. The jury rendered a verdict in the following form: “ We, the jury, find the defendant guilty as charged in the information.” It is now claimed that the verdict is substantially defective in not finding the amount of money obtained by defendant from the fraud practiced. There is nothing in the point. The defendant is charged with obtaining eight hundred and thirty-one dollars, lawful money of the United States, and he was convicted of the “ offense charged.” The verdict, when taken in connection with the information, becomes as certain as to the amount of money obtained as if the amount…

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