Legal Opinion

State v. Etchman

Supreme Court of Missouri

Decided November 22, 1904PublishedCited by 9 opinions

Error to Buchanan Criminal Court. — Hon. B. J. Casteel, Judge. (1) The indictment charges no offense. The language of the statute makes it clear that it is no offense to set up or keep a table or device which is adapted or devised for the purpose of gaming, unless it is also designed for that purpose.

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Error to Buchanan Criminal Court. — Hon. B. J. Casteel, Judge. (1) The indictment charges no offense. The language of the statute makes it clear that it is no offense to set up or keep a table or device which is adapted or devised for the purpose of gaming, unless it is also designed for that purpose. In other words a person may set up or keep a roulette table which is adapted and devised for the purpose of playing a game of chance for money and property; but if it is not designed, i. e., intended, for that purpose he is guilty of no offense. We do not mean to say that, in order to constitute…

1Opinion of the CourtFox, J.

As was said in the case of State v. Rosenblatt, decided at this term, and reported in 185 Mo. 114: “Prom a conviction and sentence by the criminal court of Buchanan county, the defendant has taken his writ of error to this court. ■ Preliminary to any investigation as to the sufficiency of the indictment, the Attorney-General has moved to dismiss the writ of error on the ground that the cause was not prosecuted to a final judgment in the criminal court, because there is a motion in arrest of judgment yet pending before and undisposed of by the criminal court. And also because the record shows…

2Cases cited6 opinions

  1. State v. HaywardSupreme Court of Missouri · 1884
  2. State v. TerrySupreme Court of Missouri · 1891
  3. State v. RosenblattSupreme Court of Missouri · 1904
  4. State v. SekritSupreme Court of Missouri · 1895
  5. State v. KirbySupreme Court of Missouri · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. WadeSupreme Court of Missouri · 1916
  2. State v. EtchmanSupreme Court of Missouri · 1905
  3. State v. MathisSupreme Court of Missouri · 1907
  4. State v. BrownSupreme Court of Kansas · 1925
  5. White v. StateIndiana Court of Appeals · 1906

4 more not listed; retrieve them via the Exa API.

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