Smith v. State

The defendant, Robert K. Smith, was charged in the district court of Ellis county with the crime of maintaining a public gambling nuisance; was tried, convicted, and pursuant to the verdict of the jury was sentenced to pay a fine of $500; and has appealed.

The principal contention presented on behalf of defendant is that the evidence was insufficient to support the conviction.

This prosecution was instituted pursuant to the provisions of 21 O. S. 1941 § 946, which provides:

“Any house, room or place where any of the games prohibited by Section 1 of this Act are opened, conducted or carried on,…