Fleming v. Wengler
Supreme Court of Missouri
Habeas Corpm. (1) It is no offense to be tbe custodian of a bet or wager upon a trial of skill, speed or power of endurance of man or beast.
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Habeas Corpm. (1) It is no offense to be tbe custodian of a bet or wager upon a trial of skill, speed or power of endurance of man or beast. Ex parte Roberts, ,157 Cal. 472. Tbe Supreme Court of California, in tbe Roberts case, held that a person, who, without consideration, gain, hire or j reward, became the custodian or depositary of ten dollars in money bet by two .persons with each other upon the result of a horse race then about to take place in the State of California, was guilty of no offense and that a person held in custody on a complaint charging him/with so doing is entitled to be…
1Opinion of the CourtBond, J.
I. The petitioner, who is in custody under a warrant issued by a justice of the peace upon a charge of violating section 4749 of the Revised Statutes of 1909,' sued out a habeas corpus in this court, praying' for his. discharge. - The statute under which the petitioner was arrested, so far as it need be quoted, is, to-wit:
“Or any person who becomes the custodian or depositary of any money, bet or wager or to be Ybet or wagered, upon any trial or contest of skill, speed or power of endurance of man or beast which is to be made or take place within or without this State . . . shall, on…
2Cases cited1 opinion
- State v. CummingsSupreme Court of Missouri · 1913
3Cited by4 opinions
- McInerney v. ErvinSupreme Court of Florida · 1950
- State v. StolbergSupreme Court of Missouri · 1928
- State v. HuberSupreme Court of Missouri · 1924
- State v. StolbergSupreme Court of Missouri · 1928