morning Hastings and Mrs. Olson met at the bank in Devils Lake shortly after it had opened. Mrs. Olson deposited the draft on her husband's employer and Hastings cashed Olson's check receiving the full amount thereof in currency.
A few days later Olson delivered the hides to his employer, the Grand Forks Hide and Fur Co. The owner of the fur company refused to accept them for the reason that they were summer or early fall furs, and had therefore been taken or trapped in violation of the state game laws. Thereafter he refused to pay the draft drawn on the company by Mrs. Olson. Olson brought the hides back to Devils Lake and turned them over to the State Game and Fish Department as contraband furs taken outof season.
The information in the case charged that the defendant had committed the crime of obtaining money by false pretenses in Ramsey County, North Dakota by cashing a check, the signature to which had been obtained by a false pretense. The false pretense alleged was that the defendant "represented that he had muskrat furs which he was entitled to sell and that the same had been taken legally and obtained legally, whereas in truth and in fact, the said furs were taken contrary to law and *307 out of season as allowed by the laws of the State of North Dakota and were contraband and known by said defendant to be contraband and were purchased by said Melvin Olson in good faith believing the same to be lawful