Smith v. State

Plaintiff in error, hereinafter called defendant, was convicted in the county court of Cimarron county of having the unlawful possession of intoxicating liquor, and was sentenced to pay a fine of $350 and to serve a term of 4 months in the county jail.

At the time charged defendant and his wife resided in Boise City. Defendant, with four other persons, was in the basement of the residence in a gambling game, drinking intoxicating liquor, noisy and boisterous, and some of the party intoxicated. The wife called the sheriff and asked that some one come to the residence to stop the gambling and…