State v. Hayes

This appeal is from a conviction for gambling. The information is sufficient, 'the instructions are unobjectionable, and the only question to be determined here is the sufficiency of the testimony to sustain the verdict.

The fact that defendants were engaged in a game of cards is proven conclusively. This game was either an innocent one or was played for money or property. The proof that the parties were gambling in the game depends upon circumstances and the rule in such cases is that the circumstances relied upon must point so strongly to the guilt of defendants' as to exclude every *589reasonabl…