89 P. 874 | Cal. Ct. App. | 1907
The defendant was charged in the superior court of Ventura county with obtaining money under false pretenses and convicted. He appeals from the judgment and an order denying a new trial.
The information alleged that defendant falsely, etc., represented to Collins Sons, a firm doing business at Ventura, that there had been mailed to said firm a draft for $5,000 to the credit of defendant, which would be received by said firm within a day or two; and further, that defendant had in his employ in said county several men and he desired an advance of $100 with which to pay said men; that thereby Collins Sons were induced to deliver to said defendant $100; that all of said representations were false and were made knowingly and designedly for the purpose of defrauding said firm. The information is sufficient; nor is the same challenged by appellant.
The chief contention of defendant is, that there is no evidence that he had not ordered such draft sent, and the other representations so made are not sufficient to support the charge. That the representations were made is not controverted. It was competent for the jury in determining the truth or falsity of such representations to take into consideration the acts and conduct of the parties. That is permissible in determining the falsity of any pretense. (People v.Wasservogle,
It is further insisted by defendant that the evidence of one Barnes, admitted under objection, was incompetent and an attempt to show that defendant had been guilty of another offense than the one with which he stood charged. This evidence was to the effect that on the day of the procurement of the money from Collins Sons, though not in their presence, but about the same time and at the same town, defendant represented to Barnes that he was expecting a shipment of tools for use in development work in the Matilija and solicited from Barnes storage room therefor, and, in addition, represented that he was expecting a draft that afternoon for $5,000; that these tools never arrived to the witness' knowledge. It will be observed that nothing in Barnes' testimony tended to show another or distinct offense, and we are not confronted with the question as to the admissibility of evidence in relation to another offense; but even in such case, "whenever the case is such that proof of one crime tends to prove any fact material in the trial of another, such proof is admissible, and the fact that it may tend to prejudice the defendant in the minds of the jurors is no ground for its exclusion." (People v. Walters,
We perceive no error in the record, either in the admission of this testimony or otherwise, and the judgment and order appealed from are affirmed.
Shaw, J., and Taggart, J., concurred.