James v. State

— Appellant was prosecuted under §2466 Burns 1914 (Acts 1905 p. 584, §557), upon an affidavit charging that at a time and place stated he did unlawfully keep a certain building “to be used for gaming, and * * * unlawfully and knowingly permit Clay Oliver, Forrest Oliver, Thomas Hewett and others unknown, to play at certain games for money,” etc. Having been found and adjudged guilty, he filed his motion *631for a new trial for the alleged reasons that the finding and decision was not sustained by sufficient evidence, and was contrary to law, which motion was overruled and the appellant excepted.…