OPINION
MURPHY, Justice.
This is an appeal from a judgment of conviction. Defendant asks for a reversal or new trial on the grounds that Minn.St. 609.52, subd. 2(4), which proscribes theft by swindling, is unconstitutionally vague and uncertain; that the verdict is not supported by the evidence; and that the court erred in failing to give adequate instructions to the jury concerning the elements of the offense charged.
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