Wallace v. State

The defendant was convicted of the offense of keeping and maintaining a gaming-house. He made a motion for a new trial, which was overruled by the court, and he sued out a writ of error complaining of the overruling of his motion.

1. The substance of several of the grounds of the amendment to his motion is that the court in its charge to the jury omitted and on request declined to inform them that if the accused was merely engaged in gaming, he would not be guilty of the offense charged. There is no merit in the complaint thus presented, for it affirmatively appears from the record that in a…