Thomas Mayers (defendant) and Charles Jackson were observed by a vice officer as they conducted an illegal card game on a bus. The game was three-card monte, a sleight of hand game that requires a dealer and a shill working together to trick the unwitting victim. The shill encourages others to participate in the game and place bets, and distracts the participants from the dealer’s sleight of hand. Mayers worked as the shill, and Jackson worked as the dealer. Together Mayers and Jackson encouraged a bus passenger, Hart, to play, and eventually Hart lost $80 playing the game. The vice officer arrested Mayers, but Jackson slipped away. Jackson was later arrested, but was not prosecuted. Mayers was charged and convicted of participating and operating a game of three-card monte and of conspiracy to cheat and defraud another in a game of three-card monte. Mayers appealed.