State v. Castino

VAN OSDOL, Commissioner.

Defendant and two others were jointly charged with the crime of keeping gaming devices (§ 563.370 RSMo 1949, repealed and re-enacted, Laws of Missouri 1951, pp. 454-455, A.L.1951, V.A.M.S.). Defendant requested and was granted a severance. Upon separate trial he was convicted and his punishment assessed by the jury at two years imprisonment in the State Penitentiary. He has appealed from the ensuing judgment.

Defendant-appellant contends the trial court erred (1) in overruling defendant’s motion for a directed verdict; (2) in giving the State’s Instructions 1 and 2;.…