Legal Opinion

State v. Souva

Supreme Court of Missouri

Decided May 23, 1911PublishedCited by 6 opinions

Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) The court erred in refusing to give the instruction asked by defendant in the nature of a demurrer at the close of the State’s case. To establish its case, the State offered the testimony, of Bond, Hammond and Henderson, who were present at the time of the defendant’s arrest.

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Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) The court erred in refusing to give the instruction asked by defendant in the nature of a demurrer at the close of the State’s case. To establish its case, the State offered the testimony, of Bond, Hammond and Henderson, who were present at the time of the defendant’s arrest. Each witness testified that there wasi no game of any kind being played upon' the table; that they were not induced, enticed or permitted to play upon said table by the defendant; and that they did not know that he was present at the time they entered…

1Opinion of the CourtBrown, J.

— -Defendant was indicted and convicted of the crime of feloniously setting up and keeping a poker table in the basement of a saloon in the city of Joplin, Missouri, and permitting parties to bet and play upon said gaming table. From a judgment of the circuit court of Jasper county fixing his punishment at a jail sentence of six months, he appeals.

The evidence shows that the constable of G-alena township in Jasper county, upon going to the basement nuder a saloon on Sixth street in the city of Joplin, found the door of said basement locked; but gained admittance by knocking. Entering this…

2Cases cited6 opinions

  1. State v. PhillipsSupreme Court of Missouri · 1911
  2. Harmon v. StateSupreme Court of Georgia · 1904
  3. State v. BoyerSupreme Court of Iowa · 1890
  4. City of St. Louis v. SullivanMissouri Court of Appeals · 1880
  5. Zwisler v. StortsMissouri Court of Appeals · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. JonesSupreme Court of Missouri · 1953
  2. State v. CastinoSupreme Court of Missouri · 1954
  3. State v. RizorSupreme Court of Missouri · 1943
  4. State v. ButlerSupreme Court of Missouri · 1914
  5. State v. PinsonSupreme Court of Missouri · 1922

1 more not listed; retrieve them via the Exa API.

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