Sparks v. State
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; James S. Steel, Judge; A -conviction in the circuit court for gaming is a bar to a subsequent prosecution in the same court for gaming with a minor growing out of, based upon and embraced in the identical act upon which conviction for gaming was had.
Read the full summary
Appeal from Sevier Circuit Court; James S. Steel, Judge; A -conviction in the circuit court for gaming is a bar to a subsequent prosecution in the same court for gaming with a minor growing out of, based upon and embraced in the identical act upon which conviction for gaming was had. Kirby’s Digest, § 2514. An :act is to be construed as it reads, and it is not permissible to go beyond the plain letter of the statute, unless its meaning can not be ascertained by reading the statute and context. 6 Ark. 9; 24 Ark. 487; 47 Ark. 406; 59 Ark. 237; 56 Ark. 103; 35 Ark. 59; 65 Ark. 535; 74 Ark. 302.…
1Opinion of the CourtHart, J.
On the 24th day of December, 1907, the appellant, Rudson Sparks, committed the crime of gaming in Sevier County, Arkansas, and Clyde Slaton, a minor under the age of twenty-one years, took part in the same game. At the January term, 1908, of the Sevier Circuit Court, appellant was indicted on a charge of gaming, based on and growing out of the above-named act. He entered a plea of guilty, and a fine of ten dollars was assessed against him. Subsequently, at the same term of the court, appellant was indicted for gaming with a minor, based upon the same game for which he had been previously…
2Cases cited2 opinions
- Ruble v. StateSupreme Court of Arkansas · 1888
- State v. MorrisSupreme Court of Arkansas · 1885
3Cited by5 opinions
- Decker v. StateSupreme Court of Arkansas · 1971
- Champion v. StateSupreme Court of Arkansas · 1913
- Hudson v. StateSupreme Court of Arkansas · 1927
- Turner v. StateSupreme Court of Arkansas · 1970
- Turner v. StateSupreme Court of Arkansas · 1970