Simonsen

The defendant was convicted of the crime of obtaining property under false pretenses, and prosecutes an appeal from a judgment and order denying his motion for a new trial. No briefs have been filed in the case.

It is claimed that the evidence is insufficient to support the verdict, and we think the claim has merit. The facts of the case may be stated as follows: Defendant secured several hundred dollars from the prosecuting witness, Wolters, by reason of the following representations and pretenses: Defendant stated to Wolters that he, defendant, was the owner of a certain tract of land in the state of Minnesota, and proposed to secure a loan from said Wolters, giving as security therefor a deed to this tract of land. The money was loaned, and the deed given as contemplated and agreed. It is charged in the information that the representations made by defendant to Wolters as to his ownership of land in Minnesota are false, and that in fact he owned no laud as represented.

At the trial the only evidence offered by the prosecution to prove that defendant did not own any land, as represented, were the extrajudicial statements and admissions of the defendant himself to that effect,…