State v. Cummings
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The appellant does not come within the legal or ordinary definitions of “custodian” or “depositary.” Bank v. Bank, 5 Hun (N. Y.), 605; In re Bank, 40 La. Ann. 514; People v. Burr, 41 How. Prac.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The appellant does not come within the legal or ordinary definitions of “custodian” or “depositary.” Bank v. Bank, 5 Hun (N. Y.), 605; In re Bank, 40 La. Ann. 514; People v. Burr, 41 How. Prac. (N. Y.) 293; Century Dictionary; New Encyclopedic Dictionary; Worcester’s Dictionary; (2) It was necessary in the information to allege with whom the bet was made, and an allegation that it was made with a party “to the informant unknown,” when the evidence developed .that the party was known at the time the information was…
1Opinion of the CourtBrown, P. J.
Defendant was convicted of violating section 4749, Revised Statutes 1909, by becoming the custodian of money bet and wagered upon a horse race, and appeals from a judgment of the circuit court of St. Louis city fixing his punishment at a fine of $500.
The information upon which defendant was convicted also contained a count charging him with registering a bet, but, as he was not convicted on that count, it will be disregarded on this appeal.
The evidence for the State tends to prove that William J. Breen, a police officer of the city of St. Louis detailed to the gambling squad, went into a…
2Cases cited10 opinions
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- State v. SakowskiSupreme Court of Missouri · 1905
- State v. BrownSupreme Court of Missouri · 1908
- State v. SamuelsSupreme Court of Missouri · 1898
- Price v. PageSupreme Court of Missouri · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. ThomasSupreme Court of Missouri · 1913
- Fleming v. WenglerSupreme Court of Missouri · 1916
- State v. StolbergSupreme Court of Missouri · 1928
- State v. MaurerMissouri Court of Appeals · 1913
- State v. ShortellMissouri Court of Appeals · 1913