State v. Wakely
Montana Supreme Court
Appeal from, District Court, Ravalli County; Henry L. Myers, Judge. William Wakely was convicted of gambling, and appeals from the judgment and an order denying him a new trial. The first specification of error is based upon the proposition that the information does not state facts sufficient to constitute a public offense.
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Appeal from, District Court, Ravalli County; Henry L. Myers, Judge. William Wakely was convicted of gambling, and appeals from the judgment and an order denying him a new trial. The first specification of error is based upon the proposition that the information does not state facts sufficient to constitute a public offense. The law is directed specifically against one who unlawfully and willfully carries on, opens, conducts, etc., a game of chance, for money, etc., as principal, agent or employee. The defendant is charged in neither of the capacities enumerated by the statute. The information…
1Opinion of the CourtJustice Smith
The defendant was charged, by information filed in the district court of Eavalli county, as follows: ‘ ‘ That he did unlawfully and willfully carry on, open, and cause to be opened, conduct, and cause to be conducted, operate, and run a game of studhorse poker; the same being a game of chance played with cards, for money, checks, and representatives of value. ’ ’ He was *433found guilty by verdict of a jury, and appeals from a judgment of conviction and also from an order denying a motion for a new trial. Section 8416, Revised Codes, under which the defendant was prosecuted, reads, in part, as…
2Cases cited3 opinions
- State v. ByrdMontana Supreme Court · 1910
- State v. BeesskoveMontana Supreme Court · 1906
- State v. LightOregon Supreme Court · 1889
3Cited by25 opinions
- State v. GreenoMontana Supreme Court · 1959
- State v. MatkinsMontana Supreme Court · 1912
- State v. MarchindoMontana Supreme Court · 1922
- Ebaugh v. BurnsMontana Supreme Court · 1922
- Herzig v. SandbergMontana Supreme Court · 1918
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