of erecting a bridge over a stream on the line of two towns, without a prior contract or agreement, by merely serving notice, there are many cases where a densely populated township might bankrupt and bring ruin upon an adjoining township containing but few inhabitants and a small amount of taxable property. . . . We cannot believe such a result was ever within the contemplation of the legislature, and yet should the construction of the statute contended for by appellant prevail, such results would necessarily follow."

That there must be concert of action and agreement between the parties concerned seems to be the principle running through the cases generally. (Harlow v. Board of Commissioners, 33 Okl. 353, [125 Pac. 449]; Washer v. Bullitt County, 110 U. S. 558, [28 L. Ed. 249, 4 Sup. Ct. Rep. 249]; Brown v. Merrick County, 18 Neb. 355, [25 N. W. 356]; Jefferson County v. St. Louis County, 113 Mo. 619, [21 S. W. 217]; Pickens County v. Greene County, 171 Ala. 377, [54 South. 998]; McPeeters v. Blankenship, 123 N. C. 651, [31 S. E. 876]; Board of Commissioners of Fountain County v. Board of Commissioners of Warren County, 128 Ind. 295, [27 N. E. 133].) In Pickens County v. Greene County, supra, dealing with the contention that the commissioners of one county may impose their will upon the commissioners of another county, under the statute in question, the court said: "But that construction of the statute would lead to some surprising results-results so at variance with the spirit of our institutions that it may well be doubted that the legislature had the power, if it had the purpose, to bring them about. Certainly nothing short of an unequivocal legislative declaration could induce us to believe that the legislature intended to permit the commissioners of one county to control the revenue of another on the judgment of one that the interests of both will be subserved."

In Fountain County v. Warren County, supra, the court said: "If the construction of the statute contended for by the appellant is to be adopted, we have the anomalous case of a tribunal in one county serving summons in another county, beyond its ordinary jurisdiction, upon another tribunal of equal dignity and jurisdiction, and entering judgment and making orders against the tribunal so served, as upon a default. Certainly, a construction so much at variance with our general system of laws, and followed by such unusual

consequences, should not be adopted unless the language used is such as is not susceptible of any other reasonable construction."

The concluding paragraphs of section 2714 confer no authority but merely provide that when the matter of building the bridge is determined by the towns, cities, and counties interested, as the statute requires, the expense shall be borne equally if they do not agree as to the proportion each is to pay. The provision as to the proceeds of bonds authorized to meet the bridge-building expense presupposes that the erection of the bridge has been authorized under the provisions of the statute. Section 2713 of the Political Code, which immediately precedes section 2714, is not without significance. Among other things is the following provision: "Bridges crossing the line between counties must be constructed by the counties into which such bridges reach, and each of the counties into which any such bridge reaches shall any such portion of the cost of such bridge as shall have been previously agreed upon by the boards of supervisors of said counties." Here the necessity for joint action is clearly manifested. And we think the same principle of joint and concurrent action pervades section 2714.

The judgment is affirmed.

Hart, J., and Burnett, J., concurred.

A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on March 25, 1918.

[Crim. No. 699. First Appellate District.-January 26, 1918.] THE PEOPLE, Respondent, v. JOHN T. DONALDSON," Appellant.

CRIMINAL LAW-OBTAINING MONLY BY FALSE PRETENSES-AMENDMENT OF INFORMATION-AVERMENT OF MINOR PRETENSES-LACK OF PREJUDICE.—In a prosecution for obtaining money by false pretenses, it was not error to permit the district attorney to make an amendment to the information so as to include within its averinents certain specific pretenses not set forth therein, in order that evidence

thereof might be admitted, where the main inducing cause of the parting with the property is alleged in the information.

ID. OPENING STATEMENT OF PROSECUTING ATTORNEY-WANT OF MISCONDUCT. In a prosecution for obtaining money by false pretenses, it was not misconduct for the district attorney to state that he expected to prove a conspiracy between the defendant and a so-called psychologist, and then not to introduce any evidence concerning such conspiracy, where the failure to introduce such evidence was due to inability to prove the conspiracy, and there was no showing made that the statement was made in bad faith. ID. MISCONDUCT-WAIVER.-Objection to statement made by prosecuting attorney is waived where it was not assigned as misconduct and no request made to admonish the jury to disregard it.

APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. George H. Cabaniss, Judge.

The facts are stated in the opinion of the court.

Edgar D. Peixotto, for Appellant.

U. S. Webb, Attorney-General, and John H. Riordan, Deputy Attorney-General, for Respondent.

KERRIGAN, J.-Defendant was charged by information filed by the district attorney of the city and county of San Francisco with the crime of obtaining money by false pretenses. He was tried, convicted, and sentenced to four years' imprisonment in the state prison. He now appeals from said judgment and from the order denying his motion for a new trial.

From the record it appears that one Marguerite H. Nesbitt, the prosecutrix, conducted a small grocery store in the outskirts of San Francisco, and that the defendant, having heard that she had recently won twenty thousand dollars in a lottery, conceived a plan to get this money from her. Accordingly, after having by a ruse made her acquaintance, he represented to her that he was the owner of a very valuable mine out of which he had made within the past six months the sum of one hundred thousand dollars; that if she cared to do so he thought he could arrange to let her invest twenty thousand dollars, which amount was needed to complete certain necessary improvements on the mining property, and

that if she should do so she would within a short time thereby gain at least one hundred thousand dollars. She was inexperienced, gullible, and guileless; he was persuasive, tactful— and unscrupulous. She parted with her money. The mine was worthless. This prosecution resulted.

Taking up the main point relied upon by the defendant for a reversal of the judgment, we find that during the trial, in order to meet an objection of the defendant and out of an excess of caution, the court made an order permitting the district attorney to make a further amendment to the information (one having already been made), so as to include within its averments certain specific pretenses not set forth therein. The defendant now assigns as error the order allowing this amendment, claiming that it was one of substance. and not within the terms of section 1008 of the Penal Code. The asserted defect in the proceedings, of course, does not appear upon the face of the information, and therefore is not raised by the demurrer; and as the defendant did not object to the admission of the evidence introduced under this amendment, he cannot now be heard to complain unless the motion to strike the information from the record, which was filed by the defendant, may on the ground set forth therein be regarded as broad enough to raise the point now made. Assuming, without deciding, that this is so, still we think the contention untenable, for in our view the evidence was admissible under the information before the amendment complained of was made; and if this be tru, the amendment was unnecessary, and no prejudice to the rights of the defendant resulted from the admission of this evidence. We think that where, as in the present case, the main inducing cause of the parting with the money or property is stated in the information, it is sufficient, and that evidence amplifying such main inducing cause is admissible. In the case at bar it appears from the averments of the information that the chief misrepresentations made by the defendant were as to the immense value of the mining property claimed to be owned by him. and as to the "vast quantity of pay-ore" on the claim all ready to be worked. Under these averments the evidence. introduced by the prosecution of representations made by the defendant as to the value in money of such ore, as to the acreage of the claim, the improvements thereon, and the number of men there employed, was, we think, clearly admissible.

86 Cal. App.-5

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Such representations were but detailed statements relating to and tending to support the principal false pretenses averred in the information, and no amendment thereof was essential in order to permit those matters to go to the jury. Carrying defendant's argument to its logical conclusion, it would be necessary to charge all the inducing statements which may have influenced the victim to part with her money. Here it appears that the defendant when about to propose this so-called investment to the prosecutrix dressed for the occasion, that he wore a large diamond stud in his shirt front, and caused his face to be freshly massaged. Suppose the testimony had gone further and had described his welldressed appearance, his expression of countenance, his beguiling smile, his appearance of frankness, and attributed. to him all the charm of a Wallingford, would it be pretended that such matters were not admissible in evidence unless incorporated in the information?

No doubt the rule is that where the main pretense is charged evidence is admissible of minor pretenses which may have exercised some influence in producing the result. Although the sacks might not have broken the camel's back without the final straw, yet if the sacks be specified without the straw, that must be sufficient. (Cowen v. People, 14 Ill. 348.)

In his opening statement to the jury the prosecuting officer stated that he expected to be able to show a conspiracy between the defendant and a certain so-called psychologist parading under the name of Dr. Byron Kingston, in which Kingston called upon the prosecutrix concerning certain charitable work in which he claimed to be interested, on which occasion, pretending to be greatly pressed for time, he asked her to call on him at his office the next day to discuss the subject further; that she did so, and during their conversation she was led to speak of spiritualism, whereupon Kingston drew some mystic signs upon a piece of paper and also a star and circle, placed the palm of his open hand acro's his forehead, and informed the prosecutrix that a man would call upon her soon (describing the defendant) with a business proposition, which she ought to accept, and that if she did so she would have limousines and rings and things and fine array. Three days later the defendant visited her, pretending to be looking for one Frank Pollock, with whom, he said, as boys they "skinned cattle together in Santa