People v. Cummings

Defendant was accused by information of the crime of obtaining property by false pre *438 tenses, under section 532 of the Penal Code—the property-charged to have been obtained being described as two-certain parcels of land. He demurred to the information as not stating an offense. The demurrer was sustained, and the people appeal, the sole question being whether land is such property as to be the subject of the-offense sought to be charged.

We think the demurrer was properly sustained. Looking at the history of the offense, and the evil which-it has always been designed to correct, and regarding as we must the contemporary construction given to-statutes of like purpose and effect, both in England and the United States, we are satisfied that the provision of the code was not designed to include an instance of defrauding another of real estate, and, consequently, that-the information did not charge an offense thereunder.

The language of the code defining the offense is: “ Every person who knowingly and designedly by false or fraudulent representation or pretenses defrauds' any, other person of money or property, or who causes or procures others to report falsely of his wealth or…