Upon an information filed in the Thirteenth Judicial District of the State of Colorado, the Defendant was tried June 24, 1947 for obtaining $10.00 from one Floyd Waite by means and use of the confidence game. At the conclusion of the Peoples case, counsel for Defendant made a motion for directed verdict, the substance of said motion being generally that the evidence of the People failed to establish the commission of the crime of confidence game as defined and contemplated by the pertinent statute of the State of Colorado. The court sustained the motion and directed a verdict of "not guilty" and the People prosecute this writ of error.
