State v. Wade
Supreme Court of Arkansas
APPEAL from Bradley Circuit Court, lion. J. M. Bradley, Circuit Judge. This is clearly gaming or betting under See. 1564 Gantt’s Big. The 8d instruction clearly erroneous. This is not a case of gaming. Nothing was up ; there was only an understanding that the party first “froze out” should pay for cigars, to be bought after the game ended, &c., &c.
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APPEAL from Bradley Circuit Court, lion. J. M. Bradley, Circuit Judge. This is clearly gaming or betting under See. 1564 Gantt’s Big. The 8d instruction clearly erroneous. This is not a case of gaming. Nothing was up ; there was only an understanding that the party first “froze out” should pay for cigars, to be bought after the game ended, &c., &c. Unless, the case being reversed and remanded, another jury would upon the same evidence and correct directions, find defendant guilty, this court will upon the whole record affirm. 17 Arle., 327, concluding paragraph.
1Opinion of the CourtSmith, J.
Wade was indicted for betting one cigar of the value of five cents at pocre. The evidence showed that within twelve months next before the finding of the indictment he aud others engaged in a game of freeze-out pocre. Each was furnished with a certain number of grains of corn to be used in counting the game. And it was agreed between the parties that he who should first lose all of his counters should treat the res.t of jthe party to cigars. The value of the cigars was proved as alleged. At the end of the game, the loser did pay for the cigars. The witness had' never heard any of the players…
2Cases cited4 opinions
- Hitchins v. . the PeopleNew York Court of Appeals · 1868
- State v. MaurerSupreme Court of Iowa · 1858
- Bachellor v. StateTexas Supreme Court · 1853
- McDaniel v. CommonwealthCourt of Appeals of Kentucky · 1869
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