Griffith

The defendant was convicted of the offense of obtaining money by false and fraudulent representations, and ap- ■ peals from the judgment and from an order refusing a new trial.

The indictment was demurred to, and among other points made, it is contended that it does not charge an offense because, after stating what the representations were, it does not contain a sufficient allegation that such representations were false. The representations are stated to have been: “That he, the said W. G. Griffith, was the owner of and in the possession of a certain tract of land situate, lying, and being in the county of Sonoma, known as the Robert Miller Mountain or Hill ranch; that he, W. G. Griffith, by reason of his said ownership and possession of said Robert Miller Mountain or Hill ranch, had full authority and right to let, lease, and demise the said Robert Miller Mountain or Hill ranch to the said C. B. Petray.”

The falsity of the representation is alleged as follows: “At the time that said W. G. Griffith represented and pretended to the said Petray that he was the owner of said Robert Miller Mountain or Hill ranch, and had full authority and right to let, lease, and demise the same to…