Territory v. Kitabayashis.

OPINION OF THE COURT BY

TOWSE, C. J.

This is a writ of error from a judgment of the Fifth Circuit Court finding the defendants guilty of conspiracy in the first degree.

The indictment contained three counts. Count one alleged the obtaining of money by means of a confidence game; count two, the obtaining of money by false pretenses; and count three, conspiracy in the first degree. Counts one and two were abandoned during the course of the trial and count three alone was submitted to the jury.

Conspiracy in the first degree as defined by section 11128, Revised Laws of Hawaii 1945, as amended, is:…