1923  Present : Jayawardene J.

THE KING v. SILVA et al.

 22-D. C. Kurunegala, 5,295

Attempt to cheat-Attempt-Preparation- Conspiracy-Abetment-Penal Code, ss. 109, 408, and 409.

The first accused, with the object of playing a confidence trick on H, told him that the second accused was a very wealthy Chetty and that he was fond of gambling, and that a lot of money could be made by playing a game of cards with him. He demonstrated to H that by a certain manipulation of the cards as they were put back in the pack, after they had been dealt out, on the tenth deal and subsequent deals the dealer would get all the picture card*. H was asked to take Rs. 20,000. BE learnt subsequently that by extracting one card from the pack, all the picture cards would have gone to the other player. The second accused was not a rich man. H informed the police, and went to the place indicated by the first accused. Before the play commenced, the police arrived and arrested the first and second accused. The bags brought by the second accused did not contain money, but only pieces of paper. The two accused were convicted with attempting to cheat H.

Held, that the a