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State v. Moses

Arizona Court of Appeals, Div. 1, Dep’t B
599 P.2d 252 (1979)


Facts

Willie Joe Moses (defendant) participated in a scam known as the “Jamaican Switch” where Moses would approach a victim and in a faked foreign accent, ask directions to a boarding house. Moses’ accomplice, Patricia Hard (defendant), would then approach Moses and offer to show him to a boarding house. Moses would then show the victim a large sum of cash and state that he did not trust Hard. He asked the victim to hold the cash for him in a handkerchief, and to indicate good faith, for the victim to place his own money in the same handkerchief with Moses’ money. The handkerchief was then placed in the trunk of the victim’s vehicle. Unbeknown to the victim, however, Moses had switched the handkerchiefs with one that contained paper. Moses and Hard would then keep the handkerchief containing all the money. Moses was charged with violating two former Arizona statutes making it a crime to (1) obtain money by a confidence game and (2) obtaining money by means of a scheme or artifice to defraud. Moses was convicted and sentenced to imprisonment for not less than five years nor more than ten years. Moses appealed.

Rule of Law

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Issue

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Holding and Reasoning (Schroeder, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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