The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

In light of the records, the court below’s judgment of the first instance is reversed and acquitted on the grounds that there is no evidence of crime as to the facts charged in this case, and there is no error in the misapprehension of legal principles as to fraud, or by misapprehending the legal principles as to the identity of the facts charged or modification of indictment, which affected the conclusion of the judgment

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.