State v. Way

The opinion of the court was delivered by

Mason, J.:

Grant Way was prosecuted upon a charge of setting up and keeping a gambling device and was convicted of the inferior offense of betting upon a game of chance at a gambling resort. He appeals, and presents two grounds of error: (1) That the court erred in instructing the jury that the information charged a violation of the statute upon which the verdict was based, and (2) that the verdict should have been set aside because it was returned' in the absence of the defendant. These contentions will be considered in their order.

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