State v. Chitwood

PHELPS, Justice.

This is an appeal By the state from an order granting defendant’s motion in arrest of judgment and from the order granting his motion for a new trial, and from the whole of said order.

The defendant was charged by indictment with having, during the fall of the year 1946, wilfully, unlawfully and feloniously agreed and conspired with one Walter Porter to operate a gambling casino, that is, dice games, roulette, twenty-one, etc., upon premises owned by the defendant near Tucson, Arizona; and that he and the said Walter Porter thereafter pursuant to such conspiracy during the fall…