Blumenstiel v. State
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; 1. If appellants are guilty, they are either guilty of the statutory misdemeanor of betting on a horse race, forbidden under C. & M. Digest, §§ 2669-70, or they are guilty of the statutory felony of operating a gambling house, under C. & M. Digest, § 2632. The whole subject-matter of the charges is covered by these sections, § 2669 covering every form of betting on horse races and \ 2632 covering every form of operating a…
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Appeal from Garland Circuit Court; Scott Wood, Judge; 1. If appellants are guilty, they are either guilty of the statutory misdemeanor of betting on a horse race, forbidden under C. & M. Digest, §§ 2669-70, or they are guilty of the statutory felony of operating a gambling house, under C. & M. Digest, § 2632. The whole subject-matter of the charges is covered by these sections, § 2669 covering every form of betting on horse races and \ 2632 covering every form of operating a gambling house, so if appellants are guilty at all they should be prosecuted under these sections and not for…
1Opinion of the CourtSmith, J.
This appeal is docketed and briefed here under the style of Blumensteil et al. v. State, for the reason that it bore that style in the court below, where Blumensteil, Wolf, Davis and Zoll were jointly tried and all convicted; but only Whdf-and Davis have appealed.
The indictment charges the maintenance of a common nuisance “in a certain building on Central Avenue in the city of Hot Springs, Arkansas, known as the Blum-ensteil & Wolf Cigar Store, for the purpose of permitting and encouraging divers idle and ill-disposed persons to resort thereto for the purpose of betting on various horse races…
2Cases cited5 opinions
- State v. VaughanSupreme Court of Arkansas · 1906
- Thatcher v. StateSupreme Court of Arkansas · 1886
- Martin v. StateSupreme Court of Arkansas · 1877
- Norton v. StateSupreme Court of Arkansas · 1854
- West v. StateSupreme Court of Arkansas · 1903
3Cited by4 opinions
- State Ex Rel. Attorney General v. KarstonSupreme Court of Arkansas · 1945
- Allgood v. StateSupreme Court of Arkansas · 1944
- Morris v. StateSupreme Court of Arkansas · 1924
- Wolf v. StateSupreme Court of Arkansas · 1922