Fowler v. State

The defendant was convicted of playing cards for money. The only witness for the prosecution testified that he looked through the window of a house and saw the defendant and two other persons inside the house, engaged in a game of cards, and that they were gambling. The statement that they were gambling was of course, a conclusion of the witness, based upon what he saw (he heard nothing). The only facts positively proved against the defendant were that he and two other persons were playing cards and that each of them “had” money. It was not shown where the money was — whether in their hands,…