People v. Millan

Citations

• 106 Cal. 320
• 39 P. 605
• 1895 Cal. LEXIS 605

Syllabus

<p>Criminal Law—Obtaining Money Under False Pretenses—Form of Verdict—Certainty.—Where a defendant is charged with obtaining the sum of eight hundred and thirty-one dollars, lawful money of the United States, by certain false and fraudulent pretenses and representations set out in the information, a general verdict finding the defendant “ guilty as charged in the information” is not substantially defective in not finding the amount of money obtained by him from the fraud practiced; hut the verdict, when taken in connection with the information, becomes as certain as to the amount of money obtained as if the amount were expressly stated therein.</p> <p>Id.—Sufficiency of Information—Value of Money Taken.—An information charging the defendant with fraudulently obtaining a specified number of dollars in lawful money of the United States is not defective or demurrable in failing to allege a value to the money taken.</p> <p>Id.—Knowledge of Falsity of Representations.—An information charging that the defendant, with intent to defraud the prosecuting witness of his property, “ did unlawfully, knowingly, and designedly, falsely, and feloniously” make certain representations and pretenses, to the effect that two certain bars of metal which the defendant produced and turned over to the prosecuting witness were gold of the value of two thousand dollars, when in fact they were brass having no value in excess of five dollars, whereby the prosecuting witness was induced to loan to defendant the sum of eight hundred and thirty-one dollars, lawful money of the United States, on the pledge and security of said bars of metal, “which said sum of money was so secured and obtained by the defendant unlawfully, knowingly, and designedly to defraud ” said prosecuting witness, taken as a whole, sufficiently charges the offense of obtaining money under false and fraudulent pretenses, to support a verdict and judgment, and, although demurrable in not containing a direct allegation as to know