Supreme Court of Colorado, en Banc.
CLARK, Justice.
Plaintiff in error, to whom we herein refer as defendant, was convicted upon a jury trial of "confidence game," under section 222, chapter 48, '35 C.S.A., and sentenced to serve a term of not less than one and one-half years nor more than five years in the state penitentiary. The statute, in so far as here pertinent, reads as follows:
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