Legal Opinion

State v. Springer

West Virginia Supreme Court

Decided December 7, 1915Published

Error to Circuit Court, Tucker County. E. E. Springer was convicted of unlawfully playing cards in a public place or a place of public resort, and brings error.

1Opinion of the Court

POEEENBARGER, PRESIDENT :

The plaintiff in error was convicted of playing cards in a public place or a place of public resort, in violation of the statute.

His defense was that the locus of the playing was not such a place as the statute contemplates. The purpose of certain instructions asked for by him and refused by the court was so to define the places in which the statute forbids such playing as to exclude the place in question. Having failed in this, he interposed the same defense by a motion to set aside the verdict.

The room was not one to which the general public resorted ft>r business…

2Cases cited7 opinions

  1. State v. MadisonSouth Dakota Supreme Court · 1909
  2. Smith v. StateSupreme Court of Alabama · 1875
  3. Bandalow v. PeopleIllinois Supreme Court · 1878
  4. Shaw v. CarpenterSupreme Court of Vermont · 1881
  5. State v. BrastWest Virginia Supreme Court · 1888

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