Legal Opinion

Long v. State

Supreme Court of Arkansas

Decided April 25, 1910PublishedCited by 1 opinion

Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; Proof of participating in the game is not sufficient; the State must show participation in the wager. 114 S. W. 920. There is no proof of any joint betting. 9 Ark. 193. The proof was sufficient to authorize the verdict. 3 Ark. 66. It is for the jury to determine whether persona holding cards were playing a game of cards. 59 Ala. 89; 83 Ga. 575; 10 Tex. 545.

1Opinion of the CourtHart, J.

The defendants, Ed Long, Miles O’Malley and one Treadway, were jointly indicted for the offense of gaming. Long and O’Malley were tried together. The jury returned a verdict of guilty, and the defendant Long has duly prosecuted an appeal from the judgment rendered.

Aaron Hill was the only witness in the case, and his testimony, after stating that he was acquainted with the parties, •is as follows:

'“Q. State to the jury whether or not about the first day of October, 1908, or within one year next before the 19th day of January, 1909, in the Greenwood District of Sebastian County, you saw the…

2Cited by1 opinion

  1. Kinnanne v. StateSupreme Court of Arkansas · 1913

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