State v. Brown
Missouri Court of Appeals
Appeal from Dade Circuit Court. — Hon. B. G. Thurman, Judge. ■ (1) Appellants’ motion to quash, the information should have been sustained, for the reason that no offense prohibited by the laws of the state of Missouri was charged therein.
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Appeal from Dade Circuit Court. — Hon. B. G. Thurman, Judge. ■ (1) Appellants’ motion to quash, the information should have been sustained, for the reason that no offense prohibited by the laws of the state of Missouri was charged therein. The intention was doubtless to charge a violation of section 4751, Revised Statutes 1909. But “dice and a blanket” are not such gambling devices as are prohibited by section 4750, Revised Statutes 1909, nor are they ejusdem generis with those devices. State v. Bryant, 90< Mo. 534; State v. Gilmore, 98 Mo. 206'; State v. Elchman, 184 Mo. 193; State v. Koock,…
1Opinion of the CourtNixon, P. J.
Appellants were tried and convicted in the circuit court of Dade county, Missouri, on an information charging that “defendants Pete Brown, Dick Wilkins, Wm. Perry and Carl Stephenson, on the 14th day of August, 1911, at the said county of Dade did then and there unlawfully bet a sum of money to-wit twenty-five cents at and upon a game of chance commonly called ‘craps’ then and there played with dice and a blanket, devices for playing games of chance for money and property contrary to the form of the statute, ’ ’ etc. Hpon trial, defendants were found guilty and a fine of thirty dollars was…
2Cases cited7 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- National Bank of Commerce v. RipleySupreme Court of Missouri · 1901
- State v. BryantSupreme Court of Missouri · 1886
- State ex rel. School District v. HarterSupreme Court of Missouri · 1905
- State v. MartinSupreme Court of Missouri · 1910
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3Cited by2 opinions
- Kansas City Southern Ry. Co. v. WallaceSupreme Court of Oklahoma · 1913
- Knights & Ladies of Security v. GreySupreme Court of Oklahoma · 1918