Frigerio

Appellant and one Josefa Balletto were jointly charged, under section 332 of the Penal Code, with a felony committed by obtaining the sum of three hundred dollars from one T. Marinovich, by trick and device, by the use of cards.

Defendant was tried separately, and was convicted and sentenced to the state prison. He appeals from the judgment and from an order denying him a new trial and an order refusing to arrest the judgment.

Several grounds of error are urged, but we do not regard any of them as possessing merit.

1. The information was in substantial compliance with the requirements of the code, the offense being charged in the language of the statute, and the demurrer was not well taken. The orders of the court, therefore, overruling the demurrer and denying the motion in arrest of judgment were not erroneous.

2. It is contended that the evidence did not warrant a conviction. We deem it quite sufficient to make a case within the statute. The statute is directed against “ every person who by the game of ‘ three-card monte,’ so called, or any other game, device, . ... or other means whatever, by use of cards or other implements or instruments, or while betting on sides or…