People v. Murphy

The defendant was convicted of violating that portion of section 2, of Act No. 176, Pub. Acts 1925, declaring it unlawful for any person to “permit on any premises owned,.occupied or controlled by him any apparatus used for gaming,” etc., and brings error.

The prosecution produced evidence upon the trial which clearly established defendant’s guilt. Its recitation here is deemed unnecessary. It was not disputed. Defendant neither took the stand himself, nor produced any witnesses in his own behalf. Properly, however, the court left it for the jury to acquit or convict. In the instructions, the…