State v. McCombs

The opinion of the court was delivered by

Parker, J.:

The factual situation upon which this appeal is based-can be briefly stated.

At a preliminary hearing held before the judge of the city court of Wichita, sitting as a magistrate, the appellee, who was charged with a felony under the provisions of G. S. 1935, 21-915, prohibiting the keeping of a common gaming house or a place where persons were accustomed to resort for the purpose of gambling, was discharged on the ground that since the evidence disclosed appellee maintained a place where people were accustomed to resort for the purpose of…