Dudney v. State
Supreme Court of Arkansas
Appeal from Laiorence Circuit Court. Hon. William C. Bevens, Circuit Judge. Even unnecessary allegations in an indictment must be proven as laid. 4 Eng. 195; 5 Eng. 259. An erroneous instruction calculated to mislead the jury is ground for reversal. 6 Eng. 1 9; 16 Ark. 309. It was unnecessary to name the particular game played, and its averment may, therefore, be regarded as surplusage not requiring proof. Vanderworker vs. State, 13 Ark. 700; 18 Ark. 540.
1Opinion of the CourtJustice Compton
The appellant was convicted in the court below, and fined fifty dollars, for keeping a common gaming house; a motion for a new trial'having been made and overruled, he appealed to this court.
The indictment charges that the appellant unlawfully did keep and maintain a certain common gaming house, and unlawfully and wilfully did cause and procure divers idle and evil disposed persons to frequent said house and to play together at certain unlawful games at cards called pocre, upon which money was bet, ete. It was proven on the trial that divers persons had frequently met together, and engaged in…
2Cited by3 opinions
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- State v. RadmilovichMontana Supreme Court · 1909
- Value v. StateSupreme Court of Arkansas · 1907