Kimball v. Territory of Arizona

The appellants were indicted under the provisions of section 489 of the Penal Code. This section, so far as applicable, reads as follows: “Every person who, with intent to cheat and defraud, shall obtain . . . from any other person . . . any money, property, or valuable thing whatever, by means or by use of any trick or deception, or false or fraudulent representation, or statement of pretense, or by any other means or instruments, or device, commonly called the ‘confidence game,’ . . . shall be deemed guilty of a felony.” The jury rendered a verdict as follows: “We, the jury duly impaneled…