Cheating and defrauding grossly with deliberate artifice. Wyatt v. Ayres, 2 Port. (Ala.) 157; Forrest v. Hanson, 9 Fed. Cas. 456; Thorpe v. State, 40 Tex. Cr. R. 346, 50 S. W. 383 ; Chase v. Whitlock, 3 Hill (N. Y.) 140; Stevensou v. Hayden, 2 Mass. 408. By the statute, “swindling” is defined to be the acquisition of persoual or movable property, money, or instrument of writing conveying or securing a valuable right, by means of some false or deceitful pretense or device, or fraudulent representation, with intent to appropriate the same to the use of the party so acquiring, or of destroying or impairing the rights of the party justly entitled to the same. Pen. Code Tex. art. 790; May v. Suite, 15 Tex. App. 436.

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