Legal Opinion

State v. Hall

Supreme Court of Missouri

Decided May 26, 1910PublishedCited by 6 opinions

Appeal from Newton Circuit Court. — Non. B. 0. Thurman, Judge. (1) The demurrer to the evidence should have been sustained, because the table was not adapted, devised and designed for poker playing in the manner that gambling was done upon it, and such was the trial court’s view of the law as outlined in instruction 7. The table and slot device were entirely covered with cloth. The mere fact that this table was used does not make it a gambling device.

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Appeal from Newton Circuit Court. — Non. B. 0. Thurman, Judge. (1) The demurrer to the evidence should have been sustained, because the table was not adapted, devised and designed for poker playing in the manner that gambling was done upon it, and such was the trial court’s view of the law as outlined in instruction 7. The table and slot device were entirely covered with cloth. The mere fact that this table was used does not make it a gambling device. Cards themselves have been held to be not a gambling device under the section under which this information is drawn, though they must be used…

1Opinion of the CourtGantt, P. J.

On March 24, 1909;, the prosecuting attorney of Newton county filed an information with the clerk of the circuit court of said county, charging the defendant with having on the-day of February, 1909, at the county of Newton, unlawfully and feloniously set up and kept a certain gambling table and gambling device, to-wit, one poker table, commonly so called, upon which cards, commonly called playing cards, were used, which said gaming table and 'gambling devices were adapted, devised and designed for the purpose of playing games of chance for money, property and poker chips, and unlawfully and…

2Cases cited5 opinions

  1. State v. RosenblattSupreme Court of Missouri · 1904
  2. State v. MathisSupreme Court of Missouri · 1907
  3. State v. GilmoreSupreme Court of Missouri · 1889
  4. State v. LocketSupreme Court of Missouri · 1905
  5. State v. FultonSupreme Court of Missouri · 1854

3Cited by6 opinions

  1. Commonwealth v. CorbettMassachusetts Supreme Judicial Court · 1940
  2. State v. CannonSupreme Court of Missouri · 1911
  3. State v. ChauvinSupreme Court of Missouri · 1910
  4. State v. BrownSupreme Court of Kansas · 1925
  5. State v. SolonSupreme Court of Missouri · 1913

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