State v. Turlington

— Defendant was charged by information of the prosecuting attorney of Dunklin county with violating section 4753, Revised Statutes 1909, by permitting a punch-board alleged to be a gambling device to be used or operated in his store building. Upon trial before the court and a jury, defendant was found guilty and fined $50. Unsuccessful in the usual motions for a new trial and in arrest he appealed to this court.

The sufficiency of the information is challenged. Omitting formal parts the information is as follows: “That J. A. Turlington . . . did unlawfully permit a certain gambling device…