Burnside v. State

A jury found appellants guilty of “keeping a gaming device under'§ 41-2003,” Ark. Stats. (1947), and assessed a fine of $100 against each appellant. From the judgment is this appeal.

For reversal, appellants make but one contention, and that is that the evidence was not substantial and sufficient to support the jury’s verdict and the judgment rendered. We hold that appellants are correct in this contention.

The charge here being a misdemeanor, appellants in electing to argue but the one point have waived all other assignments of errors in their motion for a new trial. Branton v. State, 214 Ark.…