Stanley v. State

CHRISTIAN, Judge.

The offense is keeping and exhibiting a gaming device; the punishment, confinement in the penitentiary for two years.

It was charged in the indictment that appellant and F. E. Von Mockel “did directly and through their agent, M. A. Rutledge, keep and exhibit for the purpose of gaming a gaming device, to-wit: a marble machine.” The case was submitted to the jury alone upon the theory that appéllant acted through Rutledge, his alleged agent. The marble machine in question was kept and exhibited in the barber shop of M. A. Rutledge. The State relied almost entirely upon the…