Any cheating by means of any false token such as false weights, measures, brands or marks affecting or tending to affect the public generally are criminal offenses at common law.148

143 People vs. Jacobs, 35 Minn., 36;

State vs. Paul, 69 Me., 215;

Com. vs. Wood, 142 Mass., 461;

People vs. Peckems, 153 N. Y, 576. 144 State vs. Burnett, 119 Ind., 319. 145 People vs. Cowen, 14 Ill., 350;

Therasson vs. People, 82 N. Y., 238; Lefler vs. State, 153 Ind., 82; People vs. Wier, 120 Cal., 279; State vs. Mitsch, 37 Kan., 222; Hughes Cr. Law, Sec. 611, 612. 146 State vs. Metsch, 37 Kan., 222;

State vs. Benson, 110 Mo., 18;

Hughes Cr. Law, Sec. 612. 147 State vs. Crane, 54 Kan., 251;

People vs. Gibbs, 99 Cal., 661. 148 1 McClain Cr. Law, Sec. 661;

Hughes Cr. Law, Sec. 580.

But any cheat of a private nature affecting an individual only which could be guarded against by common prudence is not an offense at common law.149