Legal Opinion

Stith v. State

Supreme Court of Arkansas

Decided July 15, 1853Published

Appeal from Hot Spring Circuit Court. It seems to us clear that under the 4i/i sec. of art. 3, title “Gaming,” in Revised Code, one cannot be indicted for permitting gaming in his house, unless such gaming come within the provision of the 4th section of that act — the punishment prescribed by both sections being the same — and that he could not be indicted under the 4th section for permitting the games prohibited by the 8th section.

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Appeal from Hot Spring Circuit Court. It seems to us clear that under the 4i/i sec. of art. 3, title “Gaming,” in Revised Code, one cannot be indicted for permitting gaming in his house, unless such gaming come within the provision of the 4th section of that act — the punishment prescribed by both sections being the same — and that he could not be indicted under the 4th section for permitting the games prohibited by the 8th section. Notwithstanding the intimation in the case of The State vs. Mathis, (3 Ark. 84,) it will be found that the 4th section never was designed to reach any cáse,…

1Opinion of the CourtChief Justice Watkins

As this case, according to the opinion of the court, turns on a single point, it will only be necessary to refer to so much of the' record as explains it, without intending to pass upon any other of the errors assigned.

The Substance of the charge in the indictment is, that the dey fendant being the occupant of a certain house, knowingly per-' mitted divers persons, whose names were unknown to the jurors; to play and game together therein, at a certain unlawful game of cards called pocre.

The 1st section of the statute, (Digest, title Crim. Law, art. 3,) is aimed at those who set.up, keep, or…

2Cases cited1 opinion

  1. State v. MathisSupreme Court of Arkansas · 1840

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