DAVIS, Justice.
The appellant Hale was convicted in the district court for Missoula County under R.C.M. 1947, § 94-1805, of the crime commonly known as obtaining money or property by false pretenses. From the final judgment sentencing him to imprisonment for three years at hard labor and from the order denying him a new trial he appeals.
In the opinion written upon the former appeal in this case, State v. Hale, 126 Mont. 326,
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