State v. Neal

— The appellant was convicted in the circuit court of Jasper County of obtaining $1000 in money under false pretenses from one E. J. Mower, in violation of Sec. 4487, R. S. 1939, Mo. R. S. A., sec 4487. The prosecution was not based on Sec. 4694, R. S. 1939, Mo. R. S. A., sec. 4694, for obtaining money by cheats, frauds, bogus checks or other device commonly called "the confidence game.” This was expressly admitted by the prosecuting attorney during the trial. The punishment assessed by the jury was imprisonment in the penitentiary for five years. The statute provides the punishment shall be…