Tully v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Font S'mith District; Daniel Hon, Judge; Poker does not come within the statute prohibiting the exhibition of gambling devices. Stith v. State, 13 Ark. 680, is conclusive of this case. The laws against gámbling “shall be so construed as to have effect, and to -include all such games and devices as are not specially named, and in all cases when construction is necessary, it shall be in favor of the prohibition and against the offender.”
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Appeal from Sebastian Circuit Court, Font S'mith District; Daniel Hon, Judge; Poker does not come within the statute prohibiting the exhibition of gambling devices. Stith v. State, 13 Ark. 680, is conclusive of this case. The laws against gámbling “shall be so construed as to have effect, and to -include all such games and devices as are not specially named, and in all cases when construction is necessary, it shall be in favor of the prohibition and against the offender.” Kirby’s Dig. § 1745. The table described might have been used for many purposes, but was in fact being used for the…
1Opinion of the CourtMcCulloch, J.
Appellant was tried before the circuit court, sitting as a jury, and convicted of the charge of exhibiting a gambling device contrary to the provisions of the statute on that subject. Kirby’s Digest, § 1732. The following is an agreed statement of the facts:
“On the 6th day of May, 1908, William Tully rented two rooms in the Hotel Henry for one month. In one room there was a bed and such other furniture as is usually found in a bed room. .In the other room there was no furniture except a round table covered with a sheet and some chairs. On or about the 1st day of June, 1908, officers raided…
2Cases cited2 opinions
- State v. SandersSupreme Court of Arkansas · 1908
- State v. MathisSupreme Court of Arkansas · 1840
3Cited by9 opinions
- Johnson v. StateSupreme Court of Arkansas · 1911
- People v. AmbroseCalifornia Court of Appeal · 1953
- Sorrentino v. StateSupreme Court of Arkansas · 1948
- Lyman v. StateSupreme Court of Arkansas · 1909
- Davis v. StateSupreme Court of Arkansas · 1913
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