State v. White
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. J. II. K-ighard, Judge. Ti-ie defendant was indicted for gambling in December, 1902, and put on trial in March following. He pleaded “Not guilty,” and that he had previously been convicted of the same offense.
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Appeal from Boone District Court. — Hon. J. II. K-ighard, Judge. Ti-ie defendant was indicted for gambling in December, 1902, and put on trial in March following. He pleaded “Not guilty,” and that he had previously been convicted of the same offense. Verdict of guilty was returned, whereupon the defendant moved that he be discharged, for that he had been indicted for the crime of keeping a gambling house, in which the gambling charged was alleged to have been committed at the same term of court the indictment under which he was being tried was returned, and he had been convicted on a plea of…
1Opinion of the CourtLadd, J.
Keeping a gambling house and gambling are distinct offenses. A person guilty of keeping a gambling house may not be guilty of gambling, and one may be guilty of gambling without having any connection with the house. The essence of the former offense is the keeping of the place for the purpose of gambling, or the permission of gambling *426in a place under the care or control of the accused, as appears from, section 4962 of the Code, defining it: “If any person keep a house, shop or place resorted to for the purpose of gambling, or permit or suffer any person in any house, shop or other place…
2Cases cited6 opinions
- State v. WatermanSupreme Court of Iowa · 1893
- Tuberson v. StateSupreme Court of Florida · 1890
- Texas Telegraph & Telephone Co. v. SeidersCourt of Appeals of Texas · 1895
- State v. MosbyMissouri Court of Appeals · 1893
- De Haven v. StateIndiana Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. McAninchSupreme Court of Iowa · 1915
- Stout v. State Ex Rel. CaldwellSupreme Court of Oklahoma · 1913
- State v. BlodgettSupreme Court of Iowa · 1909
- State v. GarciaSupreme Court of Iowa · 1924
- State v. WheelockSupreme Court of Iowa · 1933
2 more not listed; retrieve them via the Exa API.