Davis v. State
Supreme Court of Arkansas
Appeal from Polk Circuit Court; J. T. Cowling, Judge; 1. The indictment is not sufficient. Section 2068, Kirby’s Digest, contemplates and refers to banking games only. 88 Ark. 411. The conjunction “or” would not constitute the clause, “who travel about from place to place, ’ ’ etc., a sufficient nor independent offense. 8 Q. B. Div. 447; 10 la. 448; Id. 593; 46 la. 670; 138 N. Y. 151; 2 Lewis’ Sutherland, Stat. Con.., § 397. There is but slight difference between section…
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Appeal from Polk Circuit Court; J. T. Cowling, Judge; 1. The indictment is not sufficient. Section 2068, Kirby’s Digest, contemplates and refers to banking games only. 88 Ark. 411. The conjunction “or” would not constitute the clause, “who travel about from place to place, ’ ’ etc., a sufficient nor independent offense. 8 Q. B. Div. 447; 10 la. 448; Id. 593; 46 la. 670; 138 N. Y. 151; 2 Lewis’ Sutherland, Stat. Con.., § 397. There is but slight difference between section 1732, construed in Tully v. State, 88 Ark. 411, and section 2068, under which this indictment was presented. The t-wo acts…
1Opinion of the CourtMcCulloch, C. J.
Appellant was tried, and convicted, for the offense of vagrancy as defined by the following statute:. “All keepers or exhibitors of any gaming table, bank or other gambling device, and all persons who travel or remain in steamboats, or go about from place to place for the purpose of gaming, shall bel deemed and treated as vagrants.” Section 2068, Kirby’s Digest.
The particular feature of the statute upon which the charge against appellant was predicated is the latter clause of the section which defines persons to be vagrants who “go about from place to place for the purpose of gaming. ’ ’
The…
2Cases cited1 opinion
- Tully v. StateSupreme Court of Arkansas · 1908
3Cited by4 opinions
- Alford v. StateSupreme Court of Arkansas · 1954
- Alford v. StateSupreme Court of Arkansas · 1954
- Alford v. StateSupreme Court of Arkansas · 1954
- Cannon v. StateSupreme Court of Arkansas · 1914