State v. Nixa

Kenneth Nixa appeals from a

judgment of conviction finding him guilty of illegally making a bet pursuant to sec. 945.02(1), Stats., and of illegally remaining in a gambling place pursuant to sec. 945.02(2). Nixa also appeals the trial court order denying post-conviction relief. The principal issue on appeal is the interpretation of the phrase “gambling place” as used in sec. 945.01(4), Stats. Based upon our construction of the gambling place statute, we conclude that the evidence was insufficient to establish the premises in question as a gambling place. We therefore reverse Nixa’s conviction…