Gosset

Appellant was convicted of dealing, playing, etc., the game of faro, and appeals from the judgment, and from an order denying a new trial.

1. We do not think that the indictment charges more than one offense because it uses the words “did deal, play, carry on, and conduct” the said game. “Where a statute enumerates a series of acts, either of which, separately or altogether, may constitute the offense, all of such acts may be charged in a single count, for the reason that, notwithstanding each act may, by itself, constitute the offense, all of them together do no more, and likewise constitute but one and the same offense.” (People v. Harrold, 84 Cal. 567 ; People v. Frank, 28 Cal. 513 ; Ex parte McCarthy, 72 Cal. 384 .)

2. There was no error, under the circumstances of this case, in the refusal of the court to instruct the jury, at appellant’s request, that “ faro is a game played with a full deck of fifty-two cards,” In the first place, there was no evidence that the game alleged to have been conducted by appellant was played with less than fifty-two cards; and therefore there was nothing in the case upon which to base the instruction; and in the second place, when a prohibited…