State v. Allen

MR. JUSTICE ANGSTMAN:

(dissenting).

It is true, as the majority opinion holds, that the confidence game statute covers a crime different from that of obtaining money by false pretenses under section 94-1805, supra. On at least that point a majority of the justices agreed in the case of State v. Moran, 56 Mont. 94, 182 Pac. 110.

The distinction between the two crimes is shadowy and I shall not attempt to point out where one ends and the other begins.

The gist of the crime denounced by R. C. M. 1947, sec. 94-1806, is the obtaining of property through or by means of obtaining the confidence of the…