Calico v. State
Supreme Court of Arkansas
This was an indictment for gaming, tried in the Madison Circuit Court, in May, 1842, before the Hon. Joseph M. Hoge, one of the Circuit Judges. Calico and Drake were indicted jointly, for betting with two other persons a glass of whiskey, of the value of fifty cents, at a game of cards, commonly called three-up.
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This was an indictment for gaming, tried in the Madison Circuit Court, in May, 1842, before the Hon. Joseph M. Hoge, one of the Circuit Judges. Calico and Drake were indicted jointly, for betting with two other persons a glass of whiskey, of the value of fifty cents, at a game of cards, commonly called three-up. Joint plea, not guilty, and verdict of guilty, assessing the fine of each at $10. Several judgments against each, for his fine, and a joint judgment against both for all costs. The defendants appealed.
1Opinion of the Court
By the Court,
Lacy, J.
There is no error in the judgment, in this case. Calico and Drake were jointly indicted for gaming; they did not ask to sever, in their pleadings; the fine was assessed severally, and judgment rendered jointly, for cost. This the statute fully authorizes. If they had severed in their pleadings up to that time, it would have taxed them both, jointly, with the costs. Not having done so, they were, of course, jointly liable for the costs of the plaintiff below.
Judgment affirmed.
2Cited by2 opinions
- Straugban v. StateSupreme Court of Arkansas · 1855
- Flynn v. StateCourt of Appeals of Texas · 1880