Johnson v. State
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; 1. The offense of which appellant had been convicted being identical with, and the same transaction as, that alleged in the indictment, the plea of former conviction should have been sustained. 2. The court erred in not sustaining the demurrer to the evidence because it did not support the material allegations in the indictment.
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Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; 1. The offense of which appellant had been convicted being identical with, and the same transaction as, that alleged in the indictment, the plea of former conviction should have been sustained. 2. The court erred in not sustaining the demurrer to the evidence because it did not support the material allegations in the indictment. There was no testimony that appellant did set up, exhibit and operate a gaming device, to wit, a crap table, as alleged in the indictment, nor that he “banked the game,” as therein alleged; but the testimony in…
1Opinion of the CourtFrauenthal, J.
The defendant, George Johnson, was convicted of he crime of exhibiting a gambling device, and has appealed to this court to obtain a reversal of the judgment. The grounds which are alleged why the judgment should be reversed are, (1) that the court erred in sustaining the demurrer to the plea of former conviction interposed by him, and (2) because the verdict was not' warranted by the evidence adduced upon the trial of the case.
1. The indictment charged that the defendant did on July 4,1911, exhibit and maintain a gaming device at which the game of “craps” was played, in violation of section…
2Cases cited7 opinions
- Portis v. StateSupreme Court of Arkansas · 1872
- State v. SandersSupreme Court of Arkansas · 1908
- Bell v. StateCourt of Criminal Appeals of Texas · 1893
- Tuberson v. StateSupreme Court of Florida · 1890
- Tully v. StateSupreme Court of Arkansas · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gilley v. CommonwealthCourt of Appeals of Kentucky · 1950
- State v. 26 Gaming MacHinesSupreme Court of Arkansas · 2004
- Gilley v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1950
- In Re WilliamsCalifornia Court of Appeal · 1932
- Sorrentino v. StateSupreme Court of Arkansas · 1948
13 more not listed; retrieve them via the Exa API.